PNDC Law 111 in Ghana: Criminal Procedure Code (1985)

PNDC Law 111 (1985) = Criminal Code (Procedure) Law, 1985.

Scope

Comprehensive statute governing criminal procedure in Ghana, from investigation to appeal.

Key Provisions

  • Jurisdiction: Which courts try which offenses (District, Circuit, High Court)
  • Arrest & Detention: Powers, warrants, rights of arrested person, bail
  • Search & Seizure: Warrants, procedures, evidence handling
  • Charge & Prosecution: Information, indictment, nolle prosequi, DPP role
  • Trial Procedure: Plea, evidence (examination/cross), burden of proof, defenses
  • Summary vs. Indictable Trials: Procedures for each
  • Sentencing: Options, mitigating/aggravating factors
  • Appeals: High Court → Court of Appeal → Supreme Court
  • Special Provisions: Juveniles, mentally impaired, corporate bodies

Context

  • Enacted by Provisional National Defence Council (PNDC) military government (Rawlings)
  • Supplements Criminal Offences Act, 1960 (Act 29) (substantive law)
  • Amended several times (e.g., 2003, 2010, 2012)
  • Being reviewed for full Criminal Procedure Code replacement

Significance

Primary procedural framework for Ghana's criminal justice system. Essential reference for police, prosecutors, defense lawyers, judges, law students.

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