Introduction to Criminal Procedure

Introduction:

This note will discuss the definition of criminal procedure, its essence, its scope, and the sources of law that govern criminal procedure in Ghana.

Meaning of Criminal Procedure:

According to Black’s Law Dictionary, 9 ^th ed., criminal procedure consists of:

The rules governing the mechanisms under which crimes are investigated, prosecuted, adjudicated, and punished. It includes the protection of accused persons' constitutional rights.

In the Course Manual for Criminal Procedure, criminal procedure is defined as:

The process by which criminal matters are dealt with in accordance with the law.

Essence of Criminal Procedure:

Rules that regulate how criminal matters are dealt with ensure that justice is done to all classes of persons involved in criminal proceedings, such as the victim, the accused person, and the republic.

On victims, criminal procedure ensures that the victim gets justice by recognising the harm they have suffered and allowing their participation in the process, such as through victim impact statements. They guarantee protection from further harm or intimidation, such as witness protection programs and anonymity in sensitive cases.

On the accused person, criminal procedure ensures that he is presumed innocent until proven guilty, has the right to a fair trial, and is protected against unlawful interrogation techniques.

On the republic, criminal procedure ensures that persons who commit an offence against the state (crimes are offences against the state) are held accountable.

Scope of the Course on Criminal Procedure:

The course on criminal procedure at the Ghana School of Law covers the following topics (among others):

1. Constitutional and individual rights: Here, the objective is to discuss the various ways the 1992 Constitution protects and guarantees rights, the exceptions to those rights, rules on fair trial, among others, all in the context of criminal proceedings.
2. The police: Here, the objective is to examine the powers of the police to effect arrests (with or without a warrant), maintain order, and search; the powers of a private person to effect an arrest; and the rights of an arrested person.
3. Institution of criminal proceedings: Here, the objective is to examine the various ways by which criminal proceedings may be instituted, the form and content of a criminal summons, among others.
4. The Attorney General: Here, the objective is to discuss the powers of the Attorney General, such as the power to prosecute, enter a nolle prosequi, and withdraw from prosecution.
5. Criminal jurisdiction of the courts: Here, the territorial jurisdiction of the courts in Ghana in criminal matters is discussed, together with essential exceptions. In addition, the criminal jurisdiction of the lower courts and superior courts is also discussed.
6. Bail: Here, various types of bail and the factors considered before the grant of bail are discussed.
7. Security for keeping the peace and for good behaviour.
8. Drafting of charges: Here, we will examine how a charge sheet and a statement of offence are drafted, among others.
9. Defences:Here, we will examine various defences such as the defence of alibi, autre fois convict/acquit, and the defence of lunacy.

The above are simply some of the topics that would be discussed in our discussion of criminal procedure.

Sources of Criminal Procedure:

The main pieces of legislation for criminal procedure are:

1. The 1992 Constitution of Ghana:

This is the supreme source of law in Ghana (Article 1(2)). Consequently, all other pieces of legislation that govern criminal procedure will have to conform with the provisions of the constitution; else they would be void to the extent of the inconsistency.

2. Criminal and Other Offences (Procedure) Act, 1960 (Act 30):

This is “AN ACT to consolidate and amend enactments providing for the procedure to be followed in criminal and other offences and to provide for related matters.” Most of our discussion on criminal procedure will focus on this Act.

3. Criminal Offences Act, 1960 (Act 29):

This is “AN ACT to consolidate and amend the law relating to criminal offences.” At its core, criminal procedure deals with how persons who are suspected of committing a crime are taken through the criminal process. Act 29 defines and provides the elements of various crimes.

4. Courts Act, 1993 (Act 459):

This is “AN ACT to incorporate into the law relating to the courts the provisions of chapter eleven of the Constitution; to provide for the jurisdiction of Regional Tribunals; to establish lower courts and tribunals, provide for their composition and jurisdiction; to consolidate and reenact the Courts Act, 1971; and to provide for connected purposes.”

Among others, it makes provision on the territorial jurisdiction of Ghanaian courts in criminal matters and the exceptions to territorial jurisdiction.

5. Juvenile Justice Act, 2003 (653):

This is “AN ACT to provide a juvenile justice system, to protect the rights of juveniles, ensure an appropriate and individuals response to juvenile offenders, provide for young offenders and for connected purposes.” Thus, it makes provisions for dealing with minors who commit crimes (juveniles).

Conclusion:

This note discussed the meaning of criminal procedure as the rules governing the investigation and prosecution of crimes and as the process by which criminal matters are dealt with in accordance with law. The note then highlighted that criminal procedure is essential to ensure justice to all parties in a criminal proceeding, such as the victim, the accused, and the republic. The note then highlighted the topics that would be treated in this course and concluded by examining some sources of criminal procedure in Ghana.