Criminal Law Blog Ghana

  Introduction The purpose of this article is simply to educate readers on the effect of a repeal on pending criminal trials. I also consider the effect of a repeal on the prescribed sentence of a repealed criminal offence.  The end of a criminal statute or an offence creating provision in a statute can be by way of a repeal in subsequent legislation or by a Supreme Court declaration that the statute or a provision therein is void because it is inconsistent with the 1992 constitution. [i]  The effect of a repeal is trite: the repealed law, whether an Act of Parliament or a provision in an Act, ceases to have effect [ii]  except as to matters that had already been dealt with. The interesting thing is this: in criminal law, repeals and savings provisions have different effects, first on offences and second, on actions taken based on the substantive laws i.e., a criminal trial. These will be addressed in turn. The Effect of Repeals on Offences - The Legality Principle...

  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...

In this brief write-up, I have provided a simple approach to familiarising yourself with criminal law practice. The approach is meant for law students and new practitioners who may not have any experience in criminal prosecution or defence. For more details on specific topics, you can follow this blog on Instagram @criminal_law_blog_gh. I hope you find it useful. Criminal law practice is a specialised area that requires an appreciation and understanding of the criminal justice system. For law students, the law school usually provides course outlines or manuals with a detailed guide on specific areas that the course will cover and the relevant sources of law. To appreciate this practice area, a lawyer or aspiring lawyer must be familiar with the following:  A: Key players or stakeholders in the criminal justice system, their powers and roles (police, courts, attorney-general etc.); you should know the following: -         their mandate or source of...