Indictable offences: Allow magistrates to grant bail-GSL Director
According to him, institutions like the police seem to capitalize on the above to violate the right of accused persons.
The Director of Legal Education and the Ghana School of Law, Barima Yaw Kodie Oppong has bemoaned the lack of powers by magistrates to grant bail in indictable cases despite having powers to remand in same.
According to him, institutions like the police seem to capitalize on the above to violate the right of accused persons.
Speaking at the Closing ceremony of a short course on Criminal Prosecution and Litigation, Barima Oppong thus suggested that the High Court should rather be made a court of first instances for such offences without making it go through the magistrate court.
Currently, the District courts in Ghana only have the jurisdiction to try indictable offences leading to the remand of offenders. However, they lack the power to grant bail to such offenders.
In a trial by indictment, the magistrate makes a preliminary examination of the accused person relative to his guilt or otherwise before making a case to the Attorney General if the former is proven.
Therefore, according to the Director for Legal Education, once the District Court has no jurisdiction to entertain a bail application, the police should not take persons charged with murder there but rather to the High Court.
Mr Oppong emphasized that a court that has jurisdiction to handle an indictment trial must also be able to entertain all implications including for bail.
In all, about 40 prosecutors and allied officers and professionals from the Economic and Organised Crime Office, Narcotics Control Commission, National Security, the Social Security and National Insurance Trust, Environmental Protection Agency etc graduated having acquired knowledge in criminal procedure, rules of evidence.
