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Insanity of an Accused Person: A Look at Mental Health Issues in Ghanaian Criminal Proceedings

Source: Nana Ama Dankwaa Kessey Adinkrah

Insanity of an Accused Person: A Look at Mental Health Issues in Ghanaian Criminal Proceedings
MarryRight Ghana

INTRODUCTION

An accused person in any criminal proceeding must be informed immediately in a language he understands and in detail, of the nature of the offence he has been charged. This constitutional right is at the apex of criminal proceedings without which a trial or a preliminary proceeding cannot proceed. What happens then when an accused person is unable to understand the nature of the offence he has been charged with and by extension, is unable to make a defence by reason of mental illness? This writeup seeks to expand on the laws governing mental health issues of accused persons in criminal proceedings. In consideration will be the existence or otherwise of legislative safeguards in situations where an accused person is faced with mental health issues pre, post and during trial. Existing and potential challenges will be discussed and possible solutions to them will be proffered.


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