In Ghana, arrest is a crucial aspect of the criminal justice system, serving as the entry point for prosecutions in courts. The concept of arrest is likened to a cherished maiden who must be approached lawfully, briefly, and respectfully. The 1992 Constitution and the Criminal Procedure Act, 1960 (Act 30), provide the framework for handling arrests, emphasizing the need to balance personal liberty with social order and prevention of injustice. The maiden of arrest must be treated with care and respect to prevent her from being shaped into forms harmful to society.
The 1992 Constitution of Ghana provides that arrest is an exception to the general rule that every person is entitled to personal liberty. Article 14(1) states that no one shall be deprived of their liberty except in cases and according to procedures established by law. This provision serves as the maiden's first vow, emphasizing that liberty is the rule and restraint is the guarded exception. The Constitution further requires that a person arrested must be informed immediately, in a language they understand, of the reasons for arrest and of their right to a lawyer of their choice.
The Criminal Procedure Act, 1960 (Act 30), serves as the book of etiquette for how the maiden of arrest may lawfully be approached. Section 3 of Act 30 provides that, in arresting a person, the police officer or other person making the arrest shall actually touch or confine the person arrested, unless the person to be arrested submits to custody by word or action. This implies a requirement for a clear demarcation between the point at which freedom ceases and custody commences.
The law details the manner in which the damsel called arrest can be courted and brought to sit to dine with justice. This may be done with or without a warrant by a police officer, a private person, or a District Magistrate, in a manner prescribed under Sections 71, 72, 10, 12, and 18, respectively, of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30). Other security agencies have the powers of arrest conferred on the police under Act 30 but are more restricted in their exercise.
The purpose of arrest must be to protect the peace and safety of society, not to exact vengeance, show off, or flex muscles. The courts have emphasized the importance of upholding the rule of law and ensuring that the steam of justice remains clear and pure. In the case of Republic v. High Court (Commercial Division), ex parte Kevin Ekow Taylor, Tanko Amadu JSC cited Lord Hardwicke in The St. James' Evening Post Case (1742), highlighting the significance of keeping the justice system free from abuse.
The maiden of arrest must be handled in accordance with statutory procedure and substance to prevent her from being violated. Article 14(2) of the Constitution adds the romance of information and choice, requiring that a person arrested must be informed immediately of the reasons for arrest and of their right to a lawyer of their choice. Article 14(3) prescribes that anyone arrested on suspicion of having committed or about to commit a criminal offense must, if not released, be brought before a court within forty-eight hours.
The Constitution and statutes emphasize the need for a structured criminal process, with the initial deprivation of liberty flowing seamlessly into a fair trial. The maiden of arrest must be treated with great care and respect to prevent her from being shaped into forms harmful to society. Ultimately, the goal of arrest is to protect the peace and safety of society, not to abuse or exploit individuals.
Key points
- - The 1992 Constitution and the Criminal Procedure Act, 1960 (Act 30), provide the framework for handling arrests in Ghana. - Arrest must be carried out in accordance with statutory procedure and substance to prevent violation of personal liberty. - The purpose of arrest is to protect the peace and safety of society, not to exact vengeance or show off.
