Provisional arrest

Republic of Ghana

Ghana - Criminal Procedure Code 1960 (2003) EN


Issue of Warrant of Arrest

Section 71 Warrant when Issued.
Notwithstanding the issue of a summons a warrant may be issued at any time before or after the tim in the summons for the appearance of the accused. No such warrant shall be issued unless a complai has been made upon oath.

Section 72 Summons Disobeyed.
If the accused does not appear at the time and place appointed in and by the summons and attendance has not been dispensed with under section 70, the Court may issue a warrant to appreh cause him to be brought before such Court. No such warrant shall be issued unless a complaint or been made upon oath.

Section 73 Form, Contents, and Duration of Warrant of Arrest.
(1) Every warrant of arrest shall be under the hand of the Judge or Magistrate issuing it.
(2) Every warrant shall state shortly the offence with which the person against whom it is issued is shall name or otherwise describe such person, and it shall order the person or persons to whom it i apprehend the person against whom it is issued and bring him before the Court issuing the warra some other Court having jurisdiction in the case, to answer to the charge therein mentioned and t dealt with according to law.
(3) Every such warrant shall remain in force until it is executed or until it is cancelled by the Court who

Section 74 Court may Direct Security to be Taken.
(1) Any Court issuing a warrant for the arrest of any person in respect of any offence other tha treason, may if it thinks fit by endorsement on the warrant direct that the person named in the warran be released on his entering into a bond in such amount as may be specified, with or without sure appearance before the Court at such time as the endorsement shall state.
(2) The endorsement shall specify—
(a) the number of sureties (if any);
(b) the amount in which they and the person named in the warrant are respectively to be boun
(c) the Court before which the person arrested is to attend; and
(d) the time at which he is to attend, including an undertaking to appear at such subsequent ti be directed by the Court.
(3) When such an endorsement is made, the officer in charge of any police station to which on arres named in the warrant is brought shall release him upon his entering into a bond with or without sureti by that officer, in accordance with the endorsement, conditioned for his appearance before the Cour time and place named in the bond.
(4) Whenever security is taken under this section the officer who takes the bond shall cause it to be f the Court before which the person named in the warrant is bound to appear.

Section 75 warrants to whom Directed.
(1) A warrant of arrest may be directed to one or more police officers, or to one police officer and
police officers of the area within which the Court has jurisdiction, or generally to all police officers of t any Court issuing a warrant may, if its immediate execution is necessary, and no police officer is available, direct it to any other person, and that person shall execute it.
(2) When a warrant is directed to more officers or persons than one, it may be executed by all or by more of them.

Section 76 Execution of Warrant Directed to Police Officer.
A warrant directed to any police officer may so be executed by any other police officer whose name upon the warrant by the officer to whom it is directed or endorsed.

Rome Statute

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:

(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;

(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;

(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and

(d) A statement that a request for surrender of the person sought will follow.

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.

4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.