CHAPTER 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Part I. General
14. PROTECTION OF PERSONAL LIBERTY
(2) 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.
CHAPTER 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Part I. General
14. PROTECTION OF PERSONAL LIBERTY
(3) A person who is arrested, restricted or detained-
b. upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana, and who is not released, shall be brought before a court within forty- eight hours after the arrest, restriction or detention.
CHAPTER 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Part I. General
14. PROTECTION OF PERSONAL LIBERTY
(4) Where a person arrested, restricted or detained under paragraph (a) or (b) of clause (3) of this article is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular, conditions reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
CHAPTER 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Part I. General
14. PROTECTION OF PERSONAL LIBERTY
(5) A person who is unlawfully arrested, restricted or detained by any other person shall be entitled to compensation from that other person.
CHAPTER 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Part I. General
15. RESPECT FOR HUMAN DIGNITY
(2) No person shall, whether or not he is arrested, restricted or detained, be subjected to-
a. torture or other cruel, inhuman or degrading treatment or punishment;
b. any other condition that detracts or is likely to detract from his dignity and worth as a human being.
CHAPTER 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Part I. General
15. RESPECT FOR HUMAN DIGNITY
(3) A person who has not been convicted of a criminal offence shall not be treated as a convicted person and shall be kept separately from convicted persons.
CHAPTER 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Part I. General
19. FAIR TRIAL
(1) A person charged with a criminal offence shall be given a fair hearing within a reasonable time by a court.
CHAPTER 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Part I. General
19. FAIR TRIAL
(2) A person charged with a criminal offence shall -
c. be presumed to be innocent until he is proved or has pleaded guilty;
d. be informed immediately in a language that he understands, and in detail, of the nature of the offence charged;
e. be given adequate time and facilities for the preparation of his defence;
f. be permitted to defend himself before the court in person or by a lawyer of his choice;
g. be afforded facilities to examine, in person or by his lawyer, the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on the same conditions as those applicable to witnesses called by the prosecution;
h. be permitted to have, without payment by him, the assistance of an interpreter where he cannot understand the language used at the trial; and
i. in the case of the offence of high treason or treason, be tried by the High Court duly constituted by three Justices of that Court and the decision of the Justices shall be unanimous.
CHAPTER 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Part I. General
19. FAIR TRIAL
(3) The trial of a person charged with a criminal offence shall take place in his presence unless-
a. he refuses to appear before the court for the trial to be conducted in his presence after he has been duly notified of the trial; or
b. he conducts himself in such a manner as to render the continuation of the proceedings in his presence impracticable and the court orders him to be removed for the trial to proceed in his absence.
PART I—GENERAL PROVISIONS
Arrest Generally
Section 15 Holding in Custody of persons Arrested without Warrant.
(1) A person taken into custody without a warrant in connection with any offence shall be released f not later than forty-eight hours after his arrest unless he is earlier brought before a court of competent [As amended by the Criminal Procedure Code (Amendment) Act, 2002 (Act 633), s. (2) (a)].
(2) A person so taken into custody may at any time whether before or after the expiration of the sa required to enter into a bond with or without sureties for a reasonable amount to appear before suc such police station or place and at such time as may be stated in the bond.
(3) Any such bond may be enforced as if it were a bond executed by order of a court and conditi appearance of the said person before a court.
(4) [Repealed by the Criminal Procedure Code (Amendment) Act, 2002 (Act 633), s. (2) (b)].
PART II—PROVISIONS RELATING TO CRIMINAL PROCEEDINGS
Issue of Warrant of Arrest
Section 77 Person Arrested to be Brought before the Court without Delay.
The police officer or person executing a warrant of arrest shall (subject to section 74 as to secu unnecessary delay bring the person arrested before the Court before which he is required by the w requirements of section 81 to produce such person, and shall return the warrant to the Court with an e thereon showing the time and the place of its execution.
PART II—PROVISIONS RELATING TO CRIMINAL PROCEEDINGS
Section 126 Parties may Examine Witnesses.
(1) The parties to any proceedings under this Code in which a commission is issued may respectively interrogatories in writing which the Court directing the commission may think relevant to the issue, an Magistrate to whom the commission is directed shall examine the witness upon such interrogatories.
(2) Any such party may appear before the Magistrate by counsel, or in person, and may examine, cro and re-examine (as the case may be) the said witness.
(3) It is not necessary for the deposition to be taken in the presence of the accused if the accused or had the opportunity to cross-examine the witness.
PART III—SUMMARY TRIAL
Procedure Upon Summary Trial
Section 165 Publicity.
The room or place in which the Court sits to hear and determine the charge is an open and public Co the public generally may have access as far as it can conveniently contain them.
PART III—SUMMARY TRIAL
Section 172Procedure on Plea of not Guilty.
(2) The accused or his advocate may put questions to each witness produced against him.
PART III—SUMMARY TRIAL
Section 174 The Defence.
(1) At the close of the evidence in support of the charge, if it appears to the Court that a case is made the accused sufficiently to require him to make a defence, the Court shall call upon him to enter into and shall remind him of the charge and inform him that, if he so desires, he may give evidence himself may make a statement. The Court shall then hear the accused if he desires to be heard and any evidence
adduce in his defence.
PART IV—COMMITTAL FOR TRIAL FOR INDICTABLE OFFENCE
Section 188 Witnesses for the Defence.
(4) The Court shall inform the accused of his right to require the attendance at the trial of any witness steps which he must take for the purpose of enforcing such attendance.
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.