Cooperation under procedures of national law

Republic of Ghana

Ghana - Criminal Procedure Code 1960 (2003) EN


Arrest Generally

Section 3 Arrest how Made.
In making an arrest the police officer or other person making the same shall actually touch or confine the person to be arrested, unless there be a submission to the custody by word or action.

Section 4 Search of place entered by person sought to be Arrested.
(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, ha believe that the person to be arrested has entered into or is within any place, the person residing in charge of the place shall, on demand of the person so acting or the police officer, allow him free entry afford all reasonable facilities to search therein for the person sought to be arrested.
(2) If entry to the place cannot be effected under subsection (1)—
(a) any person acting under a warrant, or
(b) a police officer, in a case in which a warrant may issue, but cannot be obtained without opportunity for the escape of the person to be arrested,
may enter the place and search therein for the person to be arrested, and, in order to effect entran place, break open any outer or inner door or window of any house or place, whether that of the p arrested, or of any other person or otherwise effect entry, if after notification of his authority and p
demand of admittance duly made, he cannot otherwise obtain admittance.

Section 5 Power to break out of any house for purpose of liberation.
Any police officer or other person authorised to make an arrest may break out of any house or plac liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, therein.

Section 6 No unnecessary restraint.
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

Section 7 Notification of Substance of Warrant.
Except when the person arrested is in the actual course of the commission of a crime or is pursued after escape from lawful custody, the police officer or other person making the arrest shall inform arrested of the cause of the arrest, and, if the police officer or other person is acting under the a warrant, shall notify the substance thereof to the person to be arrested, and, if so required, shall s warrant.

Section 8 Search of Arrested person.
(1) Whenever a person is arrested by a police officer or a private person, the police officer making the whom the private person, makes over the person arrested may search such person, and place in saf articles other than necessary wearing apparel found upon him.
(2) Whenever the person arrested can be legally admitted to bail and bail is furnished, he shall not unless there are reasonable grounds for believing that he has about his person, any—
(a) stolen articles; or
(b) instrument of violence; or
(c) tools connected with the kind of offence which he is alleged to have committed; or
(d) other articles which may furnish evidence against him in regard to the offence which he i have committed.
(3) All searches shall be made with strict decency and whenever it is necessary to cause a w searched, the search shall be made by another woman.
(4) The right to search an arrested person does not include the right to examine his private person.
(5) Notwithstanding any other provision of this section, a police officer or other person making an a any case take from the person arrested any offensive weapons which he has about his person.

Section 9 Arrested persons to be taken at once to Police Station.
Any person who is arrested, whether with or without a warrant, shall be taken with all reasonable d police station, or other place for the reception of arrested persons, and shall without delay be info charge against him. Any such person while in custody still be given reasonable facilities for obtaining l taking steps to furnish bail, and otherwise making arrangements for his defence or release.
Arrest without Warrant

Section 10 Arrest by Police Officer without Warrant.
(1) A police officer may arrest without warrant any person who—
(a) commits an offence in his presence;
(b) obstructs a police officer in the execution of his duty;
(c) has escaped or attempts to escape from lawful custody;
(d) has in his possession any implement adapted or intended for use in unlawfully entering a and who gives no reasonable excuse for his possession of it; or
(e) has in his possession anything which may reasonably be suspected to be stolen property.
(2) A police officer may arrest without warrant any person he suspects upon reasonable grounds—
(a) of having committed an offence;
(b) of being about to commit an offence, where there is no other practicable way of pre commission of the offence;
(c) of being about to commit an offence, where he finds such person in any highway, yard, buil place during the night;
(d) of being a person for whom a warrant of arrest has been issued by a court;
(e) of being a deserter from the Armed Forces; or
(f) of having been concerned in any act committed outside Ghana which, if committed in G have been punishable as an offence, and for which he is, under any enactment, liable to be a detained in Ghana.


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.


Section 86 Power of Court to Order Prisoner to be Brought before it.
(1) When any person for whose appearance or arrest a Court is empowered to issue a summons o confined in any prison within the local limits of the jurisdiction of such Court, the Court may issue an officer in charge of the prison requiring him to bring the prisoner in proper custody, at a time named i before the Court.
(2) The officer so in charge, on receipt of the order, shall act in accordance therewith, and shall pr safe custody of the prisoner during his absence from the prison.


Search Warrants

Section 88 When Search Warrant may be Issued and Proceedings Thereunder.
(1) A District Magistrate who is satisfied, by evidence upon oath, that there is reasonable ground for b there is in any building, vessel, carriage, box, receptacle, or place—
(a) anything upon or in respect of which any offence has been or is suspected to have been co which according to any law for the time being in force, the offender may be arrested without wa
(b) anything which there is reasonable ground for believing will afford evidence as to the co any such offence; or
(c) anything which there is reasonable ground for believing is intended to be used for the committing an offence against the person for which, according to any law for the time being offender may be arrested without warrant,
may at any time issue a warrant under his hand authorising any constable to search any such buil carriage, box, receptacle, or place for any such thing, and to seize and carry it before the Magistrate warrant or some other Magistrate to be by him dealt with according to law.
(2) If the thing to be searched for is gunpowder or any other explosive or dangerous or noxious s thing, the person making the search shall have the same powers and protection as are given by an time being in force to any person lawfully authorised to search for any such thing, and the thing it disposed of in the manner as directed by any such law or, in default of such direction, as the Super Police may direct.

Section 89 Time when Search Warrant may be Executed.
Every search warrant may be issued and executed on a Sunday and shall be executed between the h a.m. and 6.30 pm., but the Court may, by the warrant, in its discretion, authorise the police officer or to whom it is addressed to execute it at any hour.

Section 90 Persons in Charge of Closed Place to Allow Ingress.
(1) Whenever any building or other place liable to search is closed, any person residing in or being the building or place shall, on demand of the police officer or other person executing the search w him free entry thereto and afford all reasonable facilities for a search therein.
(2) If entry into the building or other place cannot be so obtained, the police officer or other person e search warrant may proceed in the manner prescribed by sections 4 and 5.
(3) When any person in or about such building or place is reasonably suspected of concealing abou any article for which search should be made, such person may be searched. If such person is a provisions of section 8 (3) shall be observed.

Section 91 Detention of Articles Seized.
(1) When any thing is seized under a search warrant and brought before any Magistrate, he may det it to be detained, taking reasonable care that it is prescribed till the conclusion of the case; and if a made, he may order it further to be detained for the purpose of or pending an appeal. If no appeal i Magistrate shall direct the thing to be restored to the person from whom it was taken, except i hereinafter mentioned, unless he is authorised or required by law to dispose of it otherwise.
(2) If, under any such warrant, there is brought before any Magistrate any forged bank note, bank no instrument, or anything the possession of which, in the absence of lawful excuse, is an offence acco law for the time being in force, the Magistrate may direct it to be detained for production in eviden otherwise dealt with as the case may require.
(3) If, under any such warrant, there is brought before any Magistrate any counterfeit coin or oth possession of which, with knowledge of its nature and without lawful excuse, is an offence accordin for the time being in force, it shall be delivered up to the Superintendent of Police, or to any person a him to receive it, as soon as it has been produced in evidence, or as soon as it appears that it will not to be so produced.

Section 92 Provisions Applicable to Search Warrants.
Sections 73 (1) and (3), 75, 76, 78, 79, 80 and 83 shall, so far as may be, apply to all search war under section 88.

Section 93 Search without a Warrant in Certain Cases where Articles are Being Conveyed, Et Whenever a police officer has reasonable cause to believe that any article which has been stolen
unlawfully obtained, or in respect of which a criminal offence has been, is being, or is about to be c being conveyed, or is concealed or carried on any person in a public place, or is concealed or cont package in a public place, for the purpose of being conveyed, then and in any such case, if the p considers that the special exigencies of the case so require, he may without a warrant or other writt apprehend, seize, and search any such person, package, or article, and may thereupon take posse detain such article together with the package, if any, containing it, and may also arrest any person concealing, or carrying the same as aforesaid.

Section 94 Search of Premises without Warrant.
(1) Any police officer not below the rank of Assistant Superintendent of Police, or who being below authorised in writing so to do by some police officer not below such rank, may enter any house, shop, yard, ship, boat, vessel, beach, or other premises which he has reasonable cause to believe c property which has been stolen or dishonestly received and may search for, seize, and secure, a which he has reasonable cause to believe has been stolen, or dishonestly received in the same man had a search warrant and the property seized, if any, corresponded to the property described in warrant.
(2) Authorisations, searches, and seizures, given or made under this section shall not be conf particular property, but may be general.


Section 200 Taking of Evidence of Witness before Trial.
(1) If on the application of the prosecution or the accused it appears to the District Court con preliminary hearing or trial Court that a particular witness will not be available at the trial, the Court satisfied that it would be in the interest of justice so to do, take the evidence of the witness and ca recorded. Such evidence may be read as evidence in any Court although he is not called as a witness
(2) In such case, the Court may permit the party calling the witness to make a short statement before facts which are necessary to enable the evidence of the witness to be understood and to be related t and may also permit any other witness to be called and examined for the same purpose.
(3) Unless the Court, upon hearing the applicant, decides to refuse the application, the Court sha notice of the application be served on the other party and order him to attend on a named day fo hearing.
(4) In the case of any application under this section the Court may order that the accused shall atte for the hearing of the application and on the taking of the evidence.
(5) The Court shall cause the order to be served on the accused and, if the accused is in custody, o of the prison.
(6) The order shall be a sufficient warrant to the keeper to bring him before the Court and, if the ac bail, shall be obeyed by him notwithstanding the terms of his recognizance.

Rome Statute

Article 88 Availability of procedures under national law

States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.

Article 89 Surrender of persons to the Court

1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(a) The identification and whereabouts of persons or the location of items;

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

(c) The questioning of any person being investigated or prosecuted;

(d) The service of documents, including judicial documents;

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

(f) The temporary transfer of persons as provided in paragraph 7;

(g) The examination of places or sites, including the exhumation and examination of grave sites;

(h) The execution of searches and seizures;

(i) The provision of records and documents, including official records and documents;

(j) The protection of victims and witnesses and the preservation of evidence;

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.

Article 99 Execution of requests under articles 93 and 96

1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.