Rights during trial - examine witnesses

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 -
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;

Ghana - Criminal Procedure Code 1960 (2003) EN

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

Section 172Procedure on Plea of not Guilty.
(2) The accused or his advocate may put questions to each witness produced against him.

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.

PART V—TRIAL ON INDICTMENT

Section 275Additional Witnesses to the Defence.
(1) The accused person shall be allowed to examine any witness, although not previously bound evidence and shall if he apprehends that the witness will not attend the trial voluntarily, be entitled to issue of process to compel the witness's attendance.
(2) No accused person shall be entitled to any adjournment to secure the attendance of any witnes shows that he could not by reasonable diligence have taken earlier steps to obtain the presence of the

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:

(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;