Rights during trial - legal assistance

Ghana

Ghana - Constitution 1992 (1996) EN

CHAPTER 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Part I. General

19. FAIR TRIAL
(2) A person charged with a criminal offence shall -
f. be permitted to defend himself before the court in person or by a lawyer of his choice;

Ghana - Geneva Conventions Act 2009 EN

Legal representation
6. (1) The court before which a person is brought for trial for an offence under this Act shall not proceed with the trial unless

(a) that person is represented by a lawyer qualified to practise in this country, and
(b) it is proved to the satisfaction of the court that a period of not less than fourteen days has elapsed since instructions to represent the accused person were given to the legal representative.

(2) Where that person is a protected prisoner of war, a lawyer instructed for that purpose by or on behalf of the protecting power shall, without limiting paragraph (b) of subsection (1), represent the accused person in the absence of a lawter acceptable by that person as that person's representative.

(3) Despite paragraph (b) of subsection (1), where the court adjourns a trial because the accused person is not represented and the protecting power has failed to instruct a lawyer, the court shall appoint a lawyer to represent the accused person.

(4) The Legal Aid Scheme Act, 1997 (Act 542) applied for the purpose of providing representation by a lawyer for the accused person.

Rome Statute

Article 67 Rights of the accused

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:

(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;