Ghana School of Law PLC: Criminal Procedure (GLC)

Under the Courts Act, 1993 (Act 459), what is the standard criminal sentencing limit of a District Court in Ghana, unless a specific enactment increases its jurisdiction?

• AImprisonment for a term not exceeding 2 years, or a fine not exceeding 500 penalty units,…
• BImprisonment for a term not exceeding 5 years, or a fine not exceeding 1,000 penalty unit…
• CImprisonment for a term not exceeding 1 year, or a fine not exceeding 250 penalty units,…
• DDistrict Courts do not have any criminal sentencing powers and can only refer matters to…

Which criminal offenses are completely excluded from the original trial jurisdiction of the Circuit Court in Ghana?

• ATreason, subversion, murder, and offenses punishable by death
• BRobbery, rape, and drug trafficking
• COffenses involving public officers, corruption, and financial crimes
• DAssault, stealing, and minor property offenses

Under Section 53 of the Courts Act, 1993 (Act 459), which Court has jurisdiction over offenses committed on the territorial waters of Ghana or in the airspace above Ghana?

• AThe Court which has jurisdiction nearest to the place where the offense was committed
• BOnly the Supreme Court of Ghana
• CThe District Court of Accra specifically
• DAny Court designated by the Ministry of Defense

Where an accused person is charged with committing a criminal offense in Kumasi, but the trial is conducted in Accra, what is the legal effect of this trial under Section 51 of Act 30?

• AThe trial is not void unless it is shown that the error in venue has resulted in a failur…
• BThe trial is null and void ab initio for want of territorial jurisdiction
• CThe High Court must automatically set aside the trial and order a fresh trial in Kumasi
• DThe accused must be discharged and cannot be retried for the same offense

Which court in the Ghanaian judicial hierarchy possesses original jurisdiction to try criminal offenses on indictment?

• AThe High Court
• BThe Court of Appeal
• CThe District Court
• DThe Supreme Court

What is the minimum age for a child to be subject to the criminal jurisdiction of a Juvenile Court in Ghana under the Juvenile Justice Act, 2003 (Act 653)?

• A12 years
• B7 years
• C10 years
• D15 years

If a Ghanaian citizen commits a criminal offense in Nigeria and returns to Ghana, under what authority can the Ghanaian courts try them for that offense?

• ASection 54 of the Courts Act, 1993 (Act 459), which extends jurisdiction over citizens co…
• BThey cannot be tried in Ghana and must be extradited to Nigeria under all circumstances
• CUnder the ECOWAS Treaty, which automatically merges criminal jurisdictions of member stat…
• DOnly if Nigeria officially surrenders its territorial sovereignty over the case to Ghana

In Ghana, who has the statutory authority to order the transfer of a criminal case from one District Court to another?

• AThe Chief Justice
• BThe Attorney-General
• CThe Inspector General of Police
• DThe District Chief Executive of the area

Which court hears appeals arising from criminal trials conducted in the Circuit Court?

• AThe Court of Appeal
• BThe High Court
• CThe Supreme Court
• DThe Regional Tribunal

Which body is responsible for regulating the rules of practice and procedure in all criminal courts in Ghana?

• AThe Rules of Court Committee
• BThe Ministry of Justice
• CThe General Legal Council
• DThe Ghana Bar Association

Under Article 143 of the 1992 Constitution, what is the criminal jurisdiction of a Regional Tribunal in Ghana?

• ATo try offenses against the state, economic sabotage, and drug offenses as parliament pre…
• BTo hear appeals from the District Courts on traffic offenses
• CTo advise the President on the exercise of the prerogative of mercy
• DRegional Tribunals have been abolished and no longer have criminal jurisdiction

What is the appellate jurisdiction of the Supreme Court of Ghana in criminal matters?

• AIt hears appeals from decisions of the Court of Appeal
• BIt hears appeals directly from the District Court in felony cases
• CIt hears appeals directly from the Disciplinary Committee of the GLC
• DIt only hears appeals referred to it by the Attorney-General on points of law

Which of the following correct describes the supervisory jurisdiction of the High Court over lower courts under Article 141 of the Constitution?

• AIt has supervisory jurisdiction over all lower courts and can issue orders of certiorari,…
• BIt can review decisions of the Supreme Court if they involve lower court errors
• CIt allows the High Court to appoint and dismiss District Court Magistrates
• DIt is restricted to civil cases and does not extend to lower court criminal proceedings

Under the Children's Act, 1998 (Act 560), who must sit on the panel of a Juvenile Court alongside the District Magistrate?

• ATwo lay assessors, at least one of whom must be a woman
• BThe police prosecutor and the child's defense counsel
• CA probation officer and a social worker
• DThree members of the local district assembly

If a person is charged with committing piracy on the high seas, which court in Ghana has the statutory jurisdiction to try the offense?

• AThe High Court (having admiralty and international criminal jurisdiction)
• BThe Supreme Court of Ghana
• CThe District Court of Accra
• DThe International Court of Justice

Under Section 3 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), how is a physical arrest legally effected?

• ABy actually touching or confining the body of the person to be arrested, unless there is…
• BBy verbally declaring to the person that they are under arrest, without any physical cont…
• CBy serving the person with an arrest warrant via registered post
• DBy handcuffing the suspect immediately, before any words are spoken

Under Section 10 of Act 30, a police officer may arrest a person without a warrant under which of the following circumstances?

• AUpon reasonable suspicion of the person having committed a felony or misdemeanor
• BOnly if the officer witnesses a felony being committed in their presence
• CUpon any request by a chief or local politician
• DFor any motor traffic offense, regardless of its nature

Under Section 12 of Act 30, a private person may arrest another person without a warrant if:

• AThe person commits an indictable offense in the private person's presence
• BThe private person suspects the other person of committing a misdemeanor
• CThe other person refuses to pay a civil debt owed to the private person
• DThe private person has obtained verbal approval from a local assemblyman

Under Section 15 of Act 30, what is the duty of a private person after making an arrest without a warrant?

• AHand over the arrested person to a police officer, or take them to the nearest police sta…
• BDetain the person in their private home until the police arrive to collect them
• CInvestigate the suspect and collect evidence before calling the police
• DRelease the person if they promise to appear at a local council meeting

Article 14(2) of the 1992 Constitution guarantees that any person who is arrested, restricted, or detained has the right to be informed of the reasons for the arrest within what timeframe?

• AImmediately, in a language that the person understands
• BWithin 24 hours of the arrest
• CPrior to the filing of formal charges in court
• DOnly during the taking of the caution statement at the police station

Under Article 14(3) of the 1992 Constitution, what is the maximum duration a suspect can be detained by the police before being brought before a court of law?

• A48 hours from the time of arrest
• B24 hours from the time of arrest
• C72 hours, excluding weekends and public holidays
• DThere is no limit if the suspect is arrested for a capital offense

What is the legal remedy or consequence if the police hold a suspect in custody for 5 days without bringing them before a court of law?

• AThe detention is unconstitutional, and the suspect is entitled to bail and compensation/p…
• BThe case against the suspect is automatically dismissed and they can never be prosecuted
• CThe officers involved are automatically dismissed from the Police Service
• DThere is no remedy if the police can prove they were still investigating

Under Section 6(2) of Act 30, what is the mandatory requirement for searching the body of a woman who has been arrested?

• AThe search must be conducted by another woman, and must be done with strict regard to dec…
• BThe search must be conducted in the presence of a District Magistrate
• CA woman can only be searched if she gives written consent
• DThe search must be video recorded by a female officer

Who has the statutory authority to issue a search warrant under the Criminal and Other Offences (Procedure) Act, 1960 (Act 30)?

• AA Court (typically a District Magistrate or Judge)
• BAny Police Officer above the rank of Inspector
• CThe Minister for the Interior
• DThe Assemblyman of the electoral area

Under Section 90 of Act 30, between what hours must a search warrant normally be executed, unless the warrant specifically authorizes execution at night?

• ABetween 6:00 a.m. and 6:00 p.m.
• BBetween 8:00 a.m. and 5:00 p.m.
• CAt any time of the day or night automatically
• DOnly during official court working hours

What is the statutory duty of an occupier of a building or place when a police officer presents a valid search warrant under Section 94 of Act 30?

• ATo allow free ingress and afford all reasonable facilities for a search
• BTo demand that the search be delayed until their lawyer arrives
• CTo accompany the police officer to the station to sign a consent form first
• DThe occupier has the right to refuse entry if they believe the warrant was issued in error

Under what circumstances can a police officer conduct a search of premises without a search warrant in Ghana?

• AUnder Section 97 of Act 30, when pursuing a suspect who is reasonably believed to have en…
• BWhenever they suspect that any misdemeanor has been committed
• COnly if the landlord of the premises gives verbal consent
• DPolice officers can never search a premises without a warrant under any circumstances

Under Section 120 of the Evidence Act, 1975 (N.R.C.D. 323), what is the mandatory requirement for a confession statement made by an accused to be admissible in evidence?

• AIt must be made in the presence of an independent witness who can read and write, and who…
• BIt must be signed by a District Magistrate
• CIt must be recorded on video and audio
• DIt must be made in the presence of a legal practitioner representing the accused

What is the role and requirement of the "independent witness" under Section 120 of the Evidence Act, 1975, during the recording of a suspect's confession statement?

• AThe witness must not be a police officer, must be able to read and write English, and mus…
• BThe witness must be a senior police officer from a different station
• CThe witness must be a relative of the suspect
• DThe witness must be a court registrar or judicial officer

Under Article 19(10) of the 1992 Constitution, what protection is afforded to an accused person regarding testifying at their trial?

• ANo person who is tried for a criminal offense shall be compelled to give evidence at the…
• BAn accused person is compelled to testify if they plead not guilty
• CAn accused person must testify first before calling any other witnesses
• DAn accused person can only testify if they are represented by counsel

If a police officer conducts a search of a suspect's house without a warrant, and there was no emergency, how does this affect the admissibility of the evidence found?

• AThe evidence is not automatically inadmissible; the court has discretion to admit it if i…
• BThe evidence is automatically inadmissible because it was obtained unlawfully
• CThe evidence is admissible only if the suspect is later convicted of the offense
• DThe court must order the police to return the evidence and dismiss the case

Under Section 10(2) of Act 30, if a person is arrested by a police officer without a warrant, what must the officer inform the suspect of?

• AThe cause of the arrest, unless the suspect is caught in the actual commission of the off…
• BThe names and ranks of all officers at the station
• CThe specific maximum sentence of the offense suspected
• DThe names of the witnesses who reported the suspect

What is the statutory requirement for the execution of a warrant of arrest under Section 79 of Act 30?

• AThe officer executing the warrant must show the warrant to the suspect, and if required,…
• BThe warrant must be published in the Gazette before execution
• CThe warrant must be read aloud in a public market place
• DThe suspect must be served with a copy of the warrant 24 hours before physical arrest

Under Section 16 of Act 30, what degree of force may a police officer use to prevent the escape of a suspect being arrested?

• AOnly such force as is reasonably necessary to overcome resistance and effect the arrest
• BAny amount of force, including lethal force, for any misdemeanor escape
• CNo force is permitted, and if the suspect runs, the officer must let them go
• DForce can only be used if a court has pre-authorized it on the arrest warrant

Under Article 19(2)(c) of the 1992 Constitution, what is the fundamental presumption regarding any person charged with a criminal offense in Ghana?

• AThey shall be presumed to be innocent until they are proved or have pleaded guilty
• BThey shall be presumed guilty until they prove their innocence
• CThey shall be presumed to be of good character unless they have prior convictions
• DThey shall be presumed to have committed a misdemeanor until a felony is proven

What is the primary legal distinction between police bail and court bail in Ghanaian criminal procedure?

• APolice bail is granted by a police officer pending court appearance, while court bail is…
• BPolice bail does not require sureties, while court bail always does
• CPolice bail is permanent, while court bail must be renewed weekly
• DPolice bail can only be granted in civil matters, while court bail is for criminal cases

Following the landmark Supreme Court decision in Martin Kpebu v. Attorney-General (No. 2) [2016], which offenses are bailable in Ghana?

• AAll criminal offenses are bailable, subject to the court's discretion under Section 96
• BOnly misdemeanors and minor felonies
• CAll offenses except murder, treason, and piracy
• DOnly offenses that do not carry a sentence of life imprisonment

Under Section 96(1) of Act 30, what is the primary consideration for a court when deciding whether to grant or refuse bail to an accused person?

• AWhether it appears that the accused is likely to appear to stand their trial
• BWhether the accused has paid their taxes to the state
• CWhether the complainant agrees to the release of the accused
• DWhether the defense lawyer is a senior advocate of the bar

Under Section 96(5) of Act 30, a court shall refuse bail if it is satisfied that there is reasonable ground for believing that the accused will:

• ACommit an offense while on bail, abscond, or interfere with witnesses
• BFail to pay their defense counsel's legal fees
• CSpeak to the media about the trial
• DTravel to another region of Ghana for work

What constitutional limit is placed on the conditions of bail by Article 14(4) of the 1992 Constitution?

• AThe conditions of bail must not be excessive, and if a trial does not occur within a reas…
• BBail conditions must always include a cash deposit to the court registry
• CBail conditions must be approved by the Attorney-General before release
• DBail must be granted free of any conditions or restrictions for citizens

What does it mean for a surety to "justify" their bail bond in Ghanaian criminal practice?

• ATo prove under oath that they own sufficient property or assets to cover the amount of th…
• BTo explain to the court why the accused committed the offense
• CTo sign a declaration that they will serve the prison sentence if the accused is convicted
• DTo pay a non-refundable administrative fee to the court registry

Under Section 102 of Act 30, what is the procedure if a surety wishes to be discharged from their obligations under a bail bond?

• AThey must apply to the court that granted bail, which will then issue a warrant to arrest…
• BThey can simply write a letter to the police and stop monitoring the accused
• CThey must pay 50% of the bail bond value to be released immediately
• DThey cannot be discharged until the final judgment is delivered under any circumstances

Where an accused person on bail fails to appear in court, what is the first formal step the court takes against the surety under Section 104 of Act 30?

• AIssue a summons to show cause why the recognisance should not be forfeited
• BOrder the immediate arrest and imprisonment of the surety
• CSeize the surety's property and sell it without notice
• DOrder the surety to pay the full bail bond value within 24 hours

If a District Court refuses to grant bail to an accused person, what is the proper remedy for the defense?

• AFile a fresh application for bail in the High Court
• BFile an appeal directly to the Supreme Court of Ghana
• CPetition the Inspector General of Police to overrule the Magistrate
• DWait for 3 months and reapply to the same District Court magistrate

Under what circumstances can a court grant bail "pending appeal" in Ghana?

• AOnly in exceptional circumstances, such as where the appeal has a high probability of suc…
• BAutomatically upon the filing of the notice of appeal
• COnly if the Attorney-General does not oppose the application
• DBail pending appeal is forbidden under the Courts Act

What is the effect of an accused person executing a "personal recognisance" as a bail condition?

• AThey are released on their own promise to attend court, binding themselves to pay a speci…
• BThey are released without any financial obligation or record
• CThey must hand over all their personal belongings to the police station
• DThey must remain under house arrest and are not allowed to speak to anyone

Can a police officer charge a suspect a fee or demand money to process police bail at the station?

• ANo, police bail is completely free by law, and demanding money constitutes corruption
• BYes, a standard administrative processing fee of 10% of the bail bond is allowed
• CYes, but only if the suspect is not a Ghanaian citizen
• DYes, if the money is paid as a cash deposit to be held in trust

Under Section 96(6) of Act 30, what must the court consider regarding the nature and seriousness of the offense when deciding on bail?

• AThe court must consider the severity of the punishment that may be imposed upon conviction
• BThe court must assume the accused is guilty to evaluate seriousness
• CThe court must consult the local media reports about the offense
• DThe court must only grant bail if the offense is a misdemeanor