Criminal Procedure Code (Act 593) [As at 5th October 2022]

Chapter One: Preliminary

The first chapter of the CPC outlines the definitions of key terms used in the law, including terms such as "arrest," "police officer," and "warrant." The chapter also establishes the jurisdiction of courts in Ghana and lays out the principles of fair trial.

Chapter Two: Arrest

Chapter Two outlines the procedures for the arrest of suspects. A police officer may arrest a suspect without a warrant if there are reasonable grounds to believe that the suspect has committed a crime. If a warrant is required, the police officer must obtain it from a magistrate before making the arrest.

The chapter also provides guidelines for the use of force during an arrest and outlines the rights of arrested persons, including the right to be informed of the reasons for their arrest and the right to consult with a lawyer.

Chapter Three: Bail

Chapter Three outlines the procedures for granting bail to suspects. A suspect may be granted bail if there are no reasonable grounds to believe that they will abscond, interfere with witnesses or evidence, or commit further offenses. The court may also impose conditions for bail, such as requiring the suspect to report to a police station regularly.

Chapter Four: Remand

Chapter Four outlines the procedures for remanding suspects in custody. A suspect may be remanded in custody if they are deemed to be a flight risk, a danger to the public, or likely to interfere with witnesses or evidence. The court must review the detention periodically to ensure that it remains justified.

Chapter Five: Investigation

Chapter Five outlines the procedures for investigating criminal offenses. The police may conduct investigations, and they must follow specific guidelines, including conducting investigations without undue delay and respecting the rights of suspects and witnesses.

The chapter also outlines the procedures for searching premises and seizing evidence, as well as the requirements for obtaining search warrants.

Chapter Six: Commencement of Proceedings

Chapter Six outlines the procedures for commencing criminal proceedings in Ghana. A prosecutor may commence proceedings by filing a charge sheet with a court, which must then issue a summons or a warrant for the arrest of the accused person.

The chapter also outlines the procedures for arraigning the accused person and for plea-taking.

Chapter Seven: Pre-trial Proceedings

Chapter Seven outlines the pre-trial procedures in Ghana. These include procedures for the disclosure of evidence, the filing of motions, and the setting of trial dates. The chapter also outlines the procedures for plea bargaining and for the withdrawal of charges.

Chapter Eight: Trial

Chapter Eight outlines the procedures for the trial of criminal offenses in Ghana. The chapter outlines the roles and responsibilities of the judge, the prosecutor, and the defense counsel, as well as the procedures for the examination of witnesses and the admission of evidence.

The chapter also outlines the procedures for the rendering of a verdict and for the imposition of a sentence.

Chapter Nine: Appeals

Chapter Nine outlines the procedures for appeals in criminal cases. The chapter outlines the procedures for appealing a conviction or sentence and for applying for bail pending appeal.

Chapter Ten: Miscellaneous Provisions

Chapter Ten contains miscellaneous provisions, including procedures for the appointment of interpreters and procedures for dealing with cases involving juveniles.

Conclusion:

The Criminal Procedure Code (Act 593) is a comprehensive law that outlines the procedures for the investigation, prosecution, and trial of criminal offenses in Ghana. It establishes the rights of suspects and accused persons, as well as the responsibilities of law enforcement officials and the courts. The law aims to ensure that criminal cases are handled fairly and transparently and that the rights of all parties are respected.