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Resources

This page has links to other relevant materials and publications by this Author.


Ghana Law Hub: https://ghanalawhub.com/author/sk/

1. Recent Developments in Criminal Procedure in Ghana -https://ghanalawhub.com/recent-developments-in-criminal-procedure-in-ghana/

2. Non-custodial Sentences in Ghana - https://ghanalawhub.com/non-custodial-sentences-in-ghana/

3. Trying Criminal Cases De Novo; the Ghana Situation - https://ghanalawhub.com/trying-criminal-cases-de-novo-the-ghana-situation/

4. Mental Health and Criminal Law in Ghana - https://ghanalawhub.com/mental-health-and-criminal-law-in-ghana/

5. The Implications of Lost or Missing Record of Proceedings -  https://ghanalawhub.com/the-implications-of-lost-or-missing-records/

6. GES, the Law and the ban on Corporal Punishment - https://ghanalawhub.com/ges-the-law-and-the-ban-%e2%80%8bcorporal-punishment/

7. Powers of the court over Unmoved Applications - https://ghanalawhub.com/powers-of-the-court-over-unmoved-applications/

8. When Changing Your Mind Means Nothing - https://ghanalawhub.com/when-changing-your-mind-means-nothing/

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The Legal Position of Independent Witnesses in Ghana

  The right to fair trial is a fundamental human right recognized in all democracies and entrenched in the 1992 Constitution of Ghana. A key component of fair trial is the right against self-incrimination. This principle is applied in two situations: during interrogation by the police and in the course of a trial.     In the former scenario, which is the subject matter of this article, legislative measures have been put in place to prevent law enforcement officers from compelling confessions from suspects. Thus, in section 120 of the Evidence Act [i] , mandatory guidelines for the taking of confession statements have been provided. These guidelines become more imperative when the law enforcement officers themselves act as independent witnesses in the taking of confessions. The significance of a confession statement cannot be overemphasized; it can serve as the only basis for a conviction. This legal position has been stated in many cases including Bilah Moshie vrs The Rep...
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The Process After an Arrest: Remand and Bail in Ghana

Common to all democratic states, every person is entitled to his right to personal liberty and freedom of movement. This right, just like any other human right, has limits. In article 14(1) of the 1992 Constitution of Ghana, the right to liberty can be curtailed when a person is suspected to have committed a criminal offence. A person may be arrested with or without a warrant. In Ghana, four categories of arrests without a warrant exist. They are arrests by officers of law enforcement agencies [i] , private citizens arrests [ii] , arrests by judges [iii]   and arrests by senior prosecuting officers of the Legal Service [iv] . In all these cases, the entity authorised to detain an arrested suspect in lawful custody is a law enforcement agency. This short write-up will set out the processes after an arrested person is placed in custody.   The constitution permits detention for a period of not more than 48 hours after the arrest. [v]  At the end of that period, the detaining...
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Is ill health a ground for the grant of bail?

There have been several bail applications I have dealt with where averments in the supporting affidavit have been centered on the ill health of the accused person or convict. Some have gone further to attach medical reports proving the alleged condition. These applications are mostly granted although the reasons given in the rulings are not emphatic that the basis of the grant of bail is the ill health of the applicant.  It is therefore necessary that we answer the question posed in the title: is ill health a ground for the grant of bail. This article  will also look at the circumstances under which ill health will be considered. Let me state from the onset, that detention is not an avenue for the rights of a detainee to be trampled on, especially their rights to life and healthcare. Hence, medical care is offered to persons in police and prison custody at the expense of the state.  Before 2004, the general rule was that ill health was not a ground for the grant of b...
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