Ghana - Revision history

IBJadmin at 08:40, 12 June 2018

2018-06-12T08:40:21Z

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			{{Languages\|Ghana}}


	=Introduction=		=Introduction=

IBJadmin at 16:59, 2 February 2018

2018-02-02T16:59:45Z

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	The above lead to unfair trial hence the appeal will succeed. Where one co-accused appeals and succeeds the Court will do the same for the rest without joining them. The accused person who appeal a sentence and the court finds the sentence was wrong and imposes the correct one will enjoin the rest of the accused persons. '''Article 14(6)''' provides that the Court has to take into consideration time spent in custody when sentencing the accused. Sentencing begins on day of conviction and is not retroactive. The Court has to hear from the accused before enhancing a sentence. The accused has a right for the trial Court to suspend trial until the Court of appeal listens to Stay of Execution proceedings.Court of Appeal case of Michael Essien vs. VeralightDelademAckumey (Civil Appeal No H1/261/2010) set this precedent.		The above lead to unfair trial hence the appeal will succeed. Where one co-accused appeals and succeeds the Court will do the same for the rest without joining them. The accused person who appeal a sentence and the court finds the sentence was wrong and imposes the correct one will enjoin the rest of the accused persons. '''Article 14(6)''' provides that the Court has to take into consideration time spent in custody when sentencing the accused. Sentencing begins on day of conviction and is not retroactive. The Court has to hear from the accused before enhancing a sentence. The accused has a right for the trial Court to suspend trial until the Court of appeal listens to Stay of Execution proceedings.Court of Appeal case of Michael Essien vs. VeralightDelademAckumey (Civil Appeal No H1/261/2010) set this precedent.

			=References=

IBJadmin: /* The Trial */

2018-02-02T16:59:24Z

The Trial

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	4. Miscarriage of justice has taken place.		4. Miscarriage of justice has taken place.

	The above lead to unfair trial hence the appeal will succeed. Where one co-accused appeals and succeeds the Court will do the same for the rest without joining them. The accused person who appeal a sentence and the court finds the sentence was wrong and imposes the correct one will enjoin the rest of the accused persons. Article 14(6) provides that the Court has to take into consideration time spent in custody when sentencing the accused. Sentencing begins on day of conviction and is not retroactive. The Court has to hear from the accused before enhancing a sentence. The accused has a right for the trial Court to suspend trial until the Court of appeal listens to Stay of Execution proceedings.Court of Appeal case of Michael Essien vs. VeralightDelademAckumey (Civil Appeal No H1/261/2010) set this precedent.		The above lead to unfair trial hence the appeal will succeed. Where one co-accused appeals and succeeds the Court will do the same for the rest without joining them. The accused person who appeal a sentence and the court finds the sentence was wrong and imposes the correct one will enjoin the rest of the accused persons. '''Article 14(6)''' provides that the Court has to take into consideration time spent in custody when sentencing the accused. Sentencing begins on day of conviction and is not retroactive. The Court has to hear from the accused before enhancing a sentence. The accused has a right for the trial Court to suspend trial until the Court of appeal listens to Stay of Execution proceedings.Court of Appeal case of Michael Essien vs. VeralightDelademAckumey (Civil Appeal No H1/261/2010) set this precedent.

IBJadmin: /* Rights at arrest */

2018-02-02T14:29:37Z

Rights at arrest

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	==Rights at arrest==		==Rights at arrest==

	The accused person is to be informed as to why his been arrested and has to be taken to the police station to do this. This is as set under the Criminal and other offences Act of 1960 and '''the Constitution''' under '''Article 14(2)'''.<ref>13. Article14(2) the Constitution </ref>The person arrested without a warrant has to be brought to court and granted bail to release him within 48 hours. This is as per sec 13 '''Act 30 and Article 14 of The Constitution'''.<ref>14. Article 14 of The Constitution.</ref>Once a person is arrested they should make a voluntary statement free from torture or any act that would dehumanize him. Failure to do this makes the statement recorded inadmissible as evidence. This as per article 1 and 2 of the Constitution and section 120 of Act 30.<ref>15. '''Article 1 and 2 of the Constitution and Section 120 of Act 30'''</ref>The accused has to be arraigned before a Court of competent jurisdiction presided over by a Judge. This is as provided under '''Article 19(2)''' and '''Section 2 of Act 30.'''		The accused person is to be informed as to why his been arrested and has to be taken to the police station to do this. This is as set under the Criminal and other offences Act of 1960 and '''the Constitution''' under '''Article 14(2)'''.<ref>13. Article14(2) the Constitution </ref>The person arrested without a warrant has to be brought to court and granted bail to release him within 48 hours. This is as per sec 13 '''Act 30 and Article 14 of The Constitution'''.<ref>14. Article 14 of The Constitution.</ref>Once a person is arrested they should make a voluntary statement free from torture or any act that would dehumanize him. Failure to do this makes the statement recorded inadmissible as evidence. This as per '''article 1 and 2 of the Constitution and section 120 of Act 30'''.<ref>15. '''Article 1 and 2 of the Constitution and Section 120 of Act 30'''</ref>The accused has to be arraigned before a Court of competent jurisdiction presided over by a Judge. This is as provided under '''Article 19(2)''' and '''Section 2 of Act 30.'''

	The charge sheet under the law has to contain particulars of the offence as well as the offence committed. This is provided for under '''Article 19(c)''' and the case of Dadzie v C. O. P. [1963] 1 GLR 244 Act 263.<ref>16. Article 19(c) and the case of Dadzie v C. O. P. [1963] 1 GLR 244 Act 263</ref>		The charge sheet under the law has to contain particulars of the offence as well as the offence committed. This is provided for under '''Article 19(c)''' and the case of Dadzie v C. O. P. [1963] 1 GLR 244 Act 263.<ref>16. Article 19(c) and the case of Dadzie v C. O. P. [1963] 1 GLR 244 Act 263</ref>

IBJadmin: /* Right to habeas corpus */

2018-02-02T14:28:53Z

Right to habeas corpus

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	==Right to habeas corpus==		==Right to habeas corpus==

	The legal principle of habeas corpus is regulated by the '''habeas corpus Act 244 of 1964''' and section determines that ~~“Where~~ an allegation is made by any person that he is being unlawfully detained an application may be made under this section to the High Court or any Judge thereof for an enquiry into the cause of the detention.”		The legal principle of habeas corpus is regulated by the '''habeas corpus Act 244 of 1964''' and section determines that “''Where an allegation is made by any person that he is being unlawfully detained an application may be made under this section to the High Court or any Judge thereof for an enquiry into the cause of the detention''.”

	'''Section 2''' of the Act determines that such application may be brought either by the person him/herself alleging that he/she is being detained unlawfully, any person entitled to the custody of the detained person or any other person acting on such detained person's behalf.		'''Section 2''' of the Act determines that such application may be brought either by the person him/herself alleging that he/she is being detained unlawfully, any person entitled to the custody of the detained person or any other person acting on such detained person's behalf.

IBJadmin: /* Right to habeas corpus */

2018-02-02T14:28:29Z

Right to habeas corpus

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	The legal principle of habeas corpus is regulated by the '''habeas corpus Act 244 of 1964''' and section determines that “Where an allegation is made by any person that he is being unlawfully detained an application may be made under this section to the High Court or any Judge thereof for an enquiry into the cause of the detention.”		The legal principle of habeas corpus is regulated by the '''habeas corpus Act 244 of 1964''' and section determines that “Where an allegation is made by any person that he is being unlawfully detained an application may be made under this section to the High Court or any Judge thereof for an enquiry into the cause of the detention.”

	Section 2 of the Act determines that such application may be brought either by the person him/herself alleging that he/she is being detained unlawfully, any person entitled to the custody of the detained person or any other person acting on such detained person's behalf.		'''Section 2''' of the Act determines that such application may be brought either by the person him/herself alleging that he/she is being detained unlawfully, any person entitled to the custody of the detained person or any other person acting on such detained person's behalf.

	==Right to notice of charges.==		==Right to notice of charges.==

IBJadmin: /* Right to habeas corpus */

2018-02-02T14:28:19Z

Right to habeas corpus

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	The legal principle of habeas corpus is regulated by the '''habeas corpus Act 244 of 1964''' and section determines that “Where an allegation is made by any person that he is being unlawfully detained an application may be made under this section to the High Court or any Judge thereof for an enquiry into the cause of the detention.”		The legal principle of habeas corpus is regulated by the '''habeas corpus Act 244 of 1964''' and section determines that “Where an allegation is made by any person that he is being unlawfully detained an application may be made under this section to the High Court or any Judge thereof for an enquiry into the cause of the detention.”
	~~'''~~
	Section 2~~'''~~ of the Act determines that such application may be brought either by the person him/herself alleging that he/she is being detained unlawfully, any person entitled to the custody of the detained person or any other person acting on such detained person's behalf.		Section 2 of the Act determines that such application may be brought either by the person him/herself alleging that he/she is being detained unlawfully, any person entitled to the custody of the detained person or any other person acting on such detained person's behalf.

	==Right to notice of charges.==		==Right to notice of charges.==

IBJadmin: /* Rights that lead to a fair trial */

2018-02-02T14:27:53Z

Rights that lead to a fair trial

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	==Right to a counsel==		==Right to a counsel==

	The '''Ghanaian Constitution''' provides under '''Article 14(2)''' for the right to legal representation. The Article states as follows: A person who is arrested, restricted or detained shall be informed immediately, in a language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice.		The '''Ghanaian Constitution''' provides under '''Article 14(2)''' for the right to legal representation. The Article states as follows: ''A person who is arrested, restricted or detained shall be informed immediately, in a language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice.
			''
	==Right to habeas corpus==		==Right to habeas corpus==

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	==Right to Appeal==		==Right to Appeal==

	This particular right is provided for under '''article 137(2) of the Constitution''' which determines that: ~~“Except~~ as otherwise provided in this Constitution, an appeal shall lie as of right from a judgment, decree or order of the High Court and a Regional Tribunal to the Court of Appeal.”		This particular right is provided for under '''article 137(2) of the Constitution''' which determines that: “E''xcept as otherwise provided in this Constitution, an appeal shall lie as of right from a judgment, decree or order of the High Court and a Regional Tribunal to the Court of Appeal''.”


	=Rights in prison=		=Rights in prison=

IBJadmin: /* Presumption of innocence */

2018-02-02T14:27:06Z

Presumption of innocence

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	==Presumption of innocence==		==Presumption of innocence==

	'''Article 19(2) (c) of the Ghanaian Constitution''' provides for the presumption of innocence against an accused person: “A person charged with a criminal offence shall be presumed innocent until he is proved or has pleaded guilty.”		'''Article 19(2) (c) of the Ghanaian Constitution''' provides for the presumption of innocence against an accused person: “''A person charged with a criminal offence shall be presumed innocent until he is proved or has pleaded guilty.''”

	==Freedom from prolonged pretrial detention==		==Freedom from prolonged pretrial detention==

IBJadmin: /* Rights of the Accused person */

2018-02-02T14:26:01Z

Rights of the Accused person

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	=Rights of the Accused person=		=Rights of the Accused person=

	The accused person’s rights are protected under The Constitution. They follow the following principles of Law.		The accused person’s rights are protected under '''The Constitution.''' They follow the following principles of Law.

	==Legality principle==		==Legality principle==
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	This is provided for under '''the Criminal code of 1960 and the Constitution'''. Crimes that are punishable by death include murder, attempted murder and treason.		This is provided for under '''the Criminal code of 1960 and the Constitution'''. Crimes that are punishable by death include murder, attempted murder and treason.


	=Rights that lead to a fair trial=		=Rights that lead to a fair trial=