Accra, Ghana

• Stay calm. It is not a good idea to run. Speak carefully and clearly. Anything you say can be used against you in a court of law.
• It is not a good idea to touch the officers. Keep your hands where the police can see them.
• It is not a good idea to resist, even if you’re innocent or if you think the police are acting unfairly or unlawfully.

a. Can the police arrest you for refusing to answer questions?

ANSWER:

No. You have the right to remain silent, which means you do not have to answer their questions.

SOP - Children in Conflict with the Law.pdf (unicef.org) pg 20

Juvenile Justice Act, 2003, sect. 3

Juvenile Justice Act, 2003, sect. 22

b. What if the officers do not identify themselves?

ANSWER:

When conducting an interview, an officer should identify themselves and any other person present in the interview to the child and ask if the child knows why he or she is there.

SOP - Children in Conflict with the Law.pdf (unicef.org) (page 17)

c. What if an officer just begins speaking to me but does not order me to do anything?

ANSWER:

You have the right to remain silent, which means you do not have to respond to the officer.

However, if you would like to speak with the officer, you can request that it be done in the presence of a parent, guardian (someone like a parent) or probation officer (official who works with the police but will help act as a parent-like figure), lawyer or close relative.

You should know that anything you say to the officer can be used in a court of law if you speak to them after they identify themselves as a police officer.

SOP - Children in Conflict with the Law.pdf (unicef.org) (page 17).

Juvenile Justice Act, 2003, sect. 3

Juvenile Justice Act, 2003, sect. 13 (1)

d. What if the officer is not in uniform or identified as an officer but I think is one?

ANSWER:

You can ask if the suspected officer is an officer. If they are, the officer needs to identify themselves given the strict guidelines the Ghana Police Service has implemented.

The Standard Operating Procedures for Child-Friendly Policing created by the Ghana Police Service states the officer should:

1. introduce themselves and any other person present in the interview to the child when conducting an interview; and
2. ask if the child knows why he or she is there.

It also states the office should explain in simple language that you want to ask questions about the event that led to the charges against the child. Furthermore a parent or guardian needs to be present and if that is not possible a probation officer.

Finally, it states that the officer should inform the child and the child’s parent, guardian or appropriate adult of the child’s rights during investigation in straight forward, simple language and to make sure the child has understood by asking him or her to repeat back to you what you have said.

https://www.unicef.org/ghana/media/2911/file/SOP%20-%20Children%20in%20Conflict%20with%20the%20Law.pdf

e. Can I tell police I do not want to speak without a lawyer?

ANSWER:

Yes. You have a right to a lawyer of your choice if you have been arrested, stopped or detained by the police. If you have not been arrested, stopped or detained by the police, you do not have to talk to them.

Ghana's Constitution of 1992, Section 14(2). See also SOP - Children in Conflict with the Law.pdf (unicef.org) (page 17).

f. If I sit down, am I resisting?

ANSWER:

If you are sitting down while you are under arrest or in order to avoid being arrested, then sitting down could be seen as resistance (for example, if a police officer asks you to move and you sit down instead, this act can be seen as resistance).

If you are sitting down but not in the process of being arrested or detained, this may not be viewed as resisting.

Sources: (i) Criminal Code Section 36 of Act 29; (ii) Articles 14, 15 and 21 of the 1992 Constitution; and (iii) Criminal Procedure Code, Section 6 of Act 30.

g. If I am stopped in a group, and some kids run, can I run?

ANSWER:

Yes, you can run. However, a police officer may arrest you if they think you are running away to prevent them from doing their job (for example, asking you relevant questions), which is known as obstruction.

Sources: Section 5 of the Juvenile Justice Act, Articles 14 and 21 of the 1992 Constitution.

h. Can I tell others (siblings, for example) to run?

ANSWER:

This is not recommended. If you tell people (including siblings) to run, you may be preventing the police from doing their job or may raise suspicion that you are intentionally trying to prevent the police from doing their job.

Sources: Section 5 of the Juvenile Justice Act, Articles 14 and 21 of the 1992 Constitution.

i. If the officer's language is not my first language, can I tell them without waiving my rights?

ANSWER:

Yes. You can tell the police officer that you cannot understand what he or she is saying to you.

If you are arrested, stopped or detained, the police needs to inform you immediately in a language that you understand, the reasons for your arrest, stop or detention and give you a right to a lawyer of your choice.

Police officers need to always minimize the use of force and not use harsh, coercive or abusive tactics. Instead, they should adopt a more friendly tone, use simple language and explain concepts in words that you can understand.

Sources: Article 14 (2) of the Constitution and SOP - Children in Conflict with the Law.pdf (unicef.org) (page 3).

j. If I did not do anything, can they stop me?

ANSWER:

A juvenile has a right to privacy no matter the circumstances, including during the arrest, investigation of an offence, trial, or at any other stage. However, a police officer may stop and arrest without a warrant upon reasonable grounds of suspicion that you committed an offence, will commit an offence, or are stopping the officer from executing their duties.

• You have the right to say no to searches of your person.
• You have the right to say no to searches of your car, house or other surroundings.
• You cannot be arrested for refusing to consent to a search without a warrant.
• A warrant is a court order so you have no choice but to consent.

a. What if a police officer wants to search my phone?

ANSWER:

In this case, you should ask if the police has a warrant (a legal document issued by courts authorizing the police, or other permitted authority, to arrest and detain an individual, or search and, if appropriate, seize property).

Unless there is an arrest, police may not search one's phone or other electronic gadgets without a court warrant.

In Edmund Addo v. The Attorney-General and Inspector General of Police, the applicant's phone was searched without a court warrant. The court held that the searching of the phone violated the party's rights to privacy and to a fair trial.

Right to Privacy in Criminal Matters -:: Ghana Law Hub

Police can’t seize, search electronic gadgets without warrant - Court orders - Citi 97.3 FM - Relevant Radio. Always (citifmonline.com)

However, under the Criminal Procedure Code, 1960 (Act 30), police may place any item into custody upon arrest according to Section 8 of the Code.

b. What if a police officer asks me for my password to my phone?

ANSWER:

You do not have to give the police the password to your phone if they do not have a court warrant giving them permission to access the contents of your phone.

In Edmund Addo v. The Attorney-General and Inspector General of Police, the applicant's phone was seized without a search warrant. The applicant also refused to provide the phone's password when the password was asked for.

The court held that the police could not access the contents of the phone without first receiving a court warrant giving them permission to do so.

Right to Privacy in Criminal Matters -:: Ghana Law Hub

c. What if they tell me to give them my password or other access to my phone?

ANSWER:

Unless there is a court warrant authorizing the police to access the contents of your phone or other electronic device, you do not have to give them your password.

Right to Privacy in Criminal Matters -:: Ghana Law Hub

d. Do I have to give them my device password if they demand it from me if I am not under arrest? What if they just ask for it?

ANSWER:

You do not have to give them your device's password unless they have a court warrant allowing them to access the device's contents.

Right to Privacy in Criminal Matters -:: Ghana Law Hub

e. What tools can police use to search me? What technology? (Facial recognition, hidden cameras, finger print searches, etc.)

ANSWER:

Police may take fingerprints of suspected and convicted criminals. Further, the police may also lift latent fingerprints from crime scenes.

Criminal Data Service Bureau – CDSB – Ghana Police Service

In addition, under Ghana law, it is up to the discretion of the court when necessary to collect biometric information.

Forensic science in Ghana: A review (nih.gov)

Police may use fingerprint readers to verify driver's licenses.

Biometric identification technologies and the Ghanaian ‘data revolution’ | The Journal of Modern African Studies | Cambridge Core

f. Can they search my backpack or other item I am carrying?

ANSWER:

If you are arrested, the police are allowed to search you.

If you are not arrested, you cannot be searched unless the police have reasonable ground to believe you are in possession of something specific (as listed in item 5 of the JJA section 10).

Juvenile Justice Act, section 10

1. A juvenile may be searched by an arresting police officer or by the police officer to whom the juvenile has been handed over by a person effecting an arrest.
2. Articles other than clothing may be taken by the arresting police officer or by the police officer to whom the juvenile has been handed over and shall be kept in safe custody.
3. Where a juvenile is released on recognizance or admitted to bail, the juvenile or any suspected premises shall not be searched unless there is reasonable ground for the police to believe that the juvenile is in possession of:
   1. stolen articles;
   2. instruments of violence;
   3. tools connected with the kind of offence the juvenile is alleged to have committed and charged with; or
   4. other articles which may provide evidence against the juvenile with regard to the offence the juvenile is alleged to have committed.

Juvenile Justice Act, section 10

g. Can they take my picture or record me?

ANSWER:

The police can take your picture or record you, but they cannot release anything that could lead to identifying you.

Juvenile Justice Act, Section 3—Rights of the Juvenile.

1. A juvenile has the right to privacy during arrest, the investigation of an offence, at the trial of the offence and at any other stage of the cause or matter.
2. A person shall not in the course of arrest, investigation or trial of an offence connected with a juvenile, or at any other stage of the cause or matter, release any information for publication that may lead to the identification of the juvenile

Juvenile Justice Act, Section 3—Rights of the Juvenile

h. Can they ask me where I am going and why?

ANSWER:

They can ask general questions like that, and you are not required to answer them.

But if they arrest you and ask specific questions related to an alleged offence, there must be another person present, such as a parent, guardian, lawyer or close relative to you.

Juvenile Justice Act, section 13:

1. A juvenile shall not be questioned or interviewed by the police in relation to any alleged offence unless a parent, guardian, lawyer or close relative of the juvenile is present at the interview.
2. If a parent, guardian, lawyer or close relative cannot be contacted by the police to be present at the interview, a probation officer shall be present.
3. Notwithstanding subsection (1), where the police consider that it is not in the best interest of the juvenile to have a parent, guardian, lawyer or close relative of the juvenile present, the police shall arrange for a probation officer to be present at the interview.

• The police may arrest you because they suspect you of committing (or having committed) a violation of the law, or if they suspect that you currently have evidence of a crime.
• Sometimes police have a warrant for an arrest. You should be clear on what kind of warrant is being presented to you if that is the case.
• It is a good idea to review any paper from police/warrant carefully, to ensure you understand what exactly is covered.
• If arrested, you may be charged with a felony for a more serious crime (with potential jail time of one year or more), a misdemeanor for a less serious crime (with jail time of less than one year) or a violation.
• If the police arrest you, they also have the right to search you. Anything found during this search may be used as evidence against you.

a. What if I did not do anything illegal, must I speak with the police and answer questions?

ANSWER:

You have the right to remain silent. You also have the right not to incriminate yourself, meaning you do not have to say anything that would suggest that you did something illegal. You have the right to have a parent, guardian, relative, or probation officer with you while the police officer is questioning you. You also have the right to have a lawyer present while the police question you.

Ghana JUVENILE JUSTICE ACT, 2003 (ACT 653), Sections 3, 13, 22; Ghana Police Service, STANDARD OPERATING PROCEDURES FOR CHILD-FRIENDLY POLICING (Aug. 2016), Sections 3, 6, 7.

b. What if they tell me something they are investigating that is wrong? Must I correct them?

ANSWER:

No, you have the right to remain silent. You also have the right not to incriminate yourself, meaning you do not have to say anything that would suggest that you did something illegal.

Ghana JUVENILE JUSTICE ACT, 2003 (ACT 653), Sections 3, 13, 22; Ghana Police Service, STANDARD OPERATING PROCEDURES FOR CHILD-FRIENDLY POLICING (Aug. 2016), Sections 3, 6, 7.

c. What if an officer just begins speaking to me but does not order me to do anything?

ANSWER:

You have the right to remain silent. You also have the right not to incriminate yourself, meaning you do not have to say anything that would suggest that you did something illegal. You have the right to have a parent, guardian, relative, or probation officer with you while the police officer is questioning you. You also have the right to have a lawyer with you, and you can ask to have a lawyer before you respond to questions.

Ghana JUVENILE JUSTICE ACT, 2003 (ACT 653), Sections 3, 13, 22; Ghana Police Service, STANDARD OPERATING PROCEDURES FOR CHILD-FRIENDLY POLICING (Aug. 2016), Sections 3, 6, 7.

d. What is the legal difference between talking to them if they do not tell me I am under arrest, versus after they inform me that I am under arrest?

ANSWER:

If the police are questioning you or if you are under arrest, you have the same rights to remain silent, not to incriminate yourself, to have a lawyer present, and to have a parent, guardian, relative, or probation officer present. If you are under arrest, you also have the right to examine your charge sheet and to be told what the charges are against you.

a. What is the difference between the police deciding to search me or my belongings (phone, person, backpack) and me agreeing to the search?

ANSWER:

1) When Police Decide to Search You Before Arrest

Police should not search you unless they have reasonable grounds to believe that there is an object concealed in your clothing, personal belongings or body that is related to a criminal act or the possession of which is an offence.

Examples include the possession of stolen articles, instruments of violence, tools connected with the offence or other articles which may provide evidence against the child with regard to his or her charge. A search shall be conducted by an officer of the same sex. (Juvenile Justice Act, 2003, sect.10.3)

SOP - Children in Conflict with the Law.pdf (unicef.org) (page 14)

Remember, there are special procedures for an intrusive body search. An intrusive body search is one of any body cavity which is the mouth, ears, nose and private parts. This search shall be conducted in a respectful manner and in the presence of your parents, guardian or closest relative. If the search requires examination of your private parts, this can only be conducted by a registered medical professional. (Juvenile Justice Act, 2003, sect. 10.4)

SOP - Children in Conflict with the Law.pdf (unicef.org) (page 14)

2) Once arrested:

The arresting officer or the police officer the juvenile is handed over to may search the juvenile. Articles other than clothing may be taken by the office and shall be kept in safe custody. The search shall be made with decency and a juvenile shall be searched by a police officer of the same sex but where the officer is unavailable, the search shall be conducted by another adult of the same sex authorized by the arresting officer. The right to search does not include the right to examine the private parts of the juvenile except where the circumstances of the offence warrant an examination when the examination shall be by a medical officer.

Juvenile Justice Act Section 10.

3) Post Bail:

Where a juvenile is released on recognizance or admitted to bail, the juvenile or any suspected premises shall not be searched unless there is reasonable ground for the police to believe that the juvenile is in possession of (a) stolen articles; (b) instruments of violence; (c) tools connected with the kind of offence the juvenile is alleged to have committed and

charged with; or (d) other articles which may provide evidence against the juvenile with regard to the offence the juvenile is alleged to have committed.

Juvenile Justice Act Section 10.

b. What if they tell me to give them information versus them asking and me providing answers voluntarily?

ANSWER:

You always have the right to remain silent and to not incriminate yourself. So if the police tell you to give them information, you have no duty to do so.

• No. Police officers can legally arrest you without a warrant in several circumstances:
  • When the crime is committed in front of the police officers; or
  • When the officer has probable cause (reason to suspect) that the suspect committed a felony, whether or not the act was done in front of them.

a. If I did not do anything, can they stop me?

ANSWER:

Yes, the police may stop you if they have a reason to believe that you have or are about to commit (or are in the process of committing) a criminal offence.

Juvenile Justice Act 2003, Section 5

b. Can I ask for the reason they stopped me?

ANSWER:

Yes. You have a right to know the reason. The person arresting you must tell you why you are being arrested.

Juvenile Justice Act 2003, Section 8

CRIMINAL PROCEDURE CODE, 1960 (ACT 30)

7. Notification of substance of warrant.

Except when the person arrested is in the actual course of the commission of a crime or is pursued immediately after escape from lawful custody, the police officer or other person making the arrest shall inform the person arrested of the cause of the arrest, and, if the police officer or other person is acting under the authority of a warrant, shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.

(https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/gh/gh011en.html)

Constitution

2. A person who is arrested, restricted or detained shall be informed immediately, in a language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice.

(https://www.constituteproject.org/constitution/Ghana_1996.pdf)

c. Can I advocate for another young person stopped by police if we are stopped together?

ANSWER:

The law does not specifically address this question. However, you may be committing an offence if you interfere with a police officer who has stopped a person. For example, you may be found to be guilty of obstructing, resisting, or preventing the police officer from carrying out their duties, or using any threatening, insulting or abusive language towards the police office.

CRIMINAL CODE, 1960 (ACT 29) Section 205—Assault, etc., on Public Officer.

Whoever—

1. assaults, obstructs, molests, or resists, or aids or incites any other person to assault, obstruct, molest, or resist any public or peace officer, or any person employed by a public or peace officer, acting or proceeding to act in the execution of any public office or duty or in the execution of any warrant or legal process; or
2. uses any threatening, abusive, or insulting language, or sends any threatening or insulting message, or letter, to any peace officer in respect of his duties, shall be guilty of a misdemeanor.

CRIMINAL CODE, 1960 (ACT 29) Section 205—Assault, etc., on Public Officer.

d. If I think the stop is unjustified, what can I do?

ANSWER:

You can make a complaint to: hq.pro@police.gov.gh

https://police.gov.gh/en/index.php/contact-us/

You can file a complaint with the Commission on Human Rights under the THE COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE ACT, 1993 (CHRAJ).

https://chraj.gov.gh/

e. Can I get the officer's identifying information for a future complaint?

ANSWER:

Yes. A police office must identify himself / herself before questioning or interviewing you.

(Ghana Police Service Instructions - 14.1.1 https://ghfinder.com/ghana-police-service-instructions-pdf/)

You should be able to identify a police officer by a police badge. Without this an officer cannot enforce the law. You should be able to see this on the front of a police uniform. If not, you can politely ask the officers to give you their numbers.

(Police Service Regulations, 2012 Sixth Schedule (Regulation 28(3)) - Badge of Authority).

If you do not get this information and a complaint is filed with the Commission on Human Rights, they can require the officer to provide identifying information.

COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE ACT, 1993 (ACT 456)

Section 15—Evidence at Investigations.

1. Subject to this section the Commission may require any person who, in its opinion, is able to give any information relating to a matter being investigated by the Commission—
   1. to furnish the information to it;
   2. to produce any document, paper or thing that in its opinion relates to the matter being investigated and which may be in the possession or control of that person.
2. The Commission may summon before it and examine on oath or affirmation—
   1. a person required to give information or produce anything under subsection (1) of this section;
   2. a complainant;
   3. any other person who the Commission considers will be able to give information required under subsection (1) of this section.
3. Subject to subsection (4) of this section, a person who is bound by law to maintain secrecy in relation to, or not to disclose, any matter may not—
   1. supply information to or answer a question put by the Commission in relation to that matter; or
   2. produce to the Commission a document, paper or thing relating to it, if compliance with that requirement would be in breach of the obligation of secrecy or non-disclosure.
4. A person to whom subsection (3) of this section applies may be required by the Commission to supply information or answer a question or produce a document, paper or thing that relates to a matter under investigation; and subject to section 16 of this Act, it shall be the duty of that person to comply with the requirement.
5. A witness before the Commission shall be entitled to the same privileges to which he would have been entitled if he were a witness before the High Court. (6) No person shall be liable to prosecution for an offence under any enactment by reason of his compliance with a requirement of the Commission under this section.

• You are under police custody if you do not feel free to leave an officer's presence, or if a reasonable person in your shoes would not feel free to leave.
• If the following happens, you are likely under arrest under the law:
  • an officer handcuffs you;
  • an officer forcibly holds you down;
  • an officer puts you into the back seat of a police car; or
  • an officer warns you about your rights.
• An officer only has to warn you of your rights before the police question you. This means an officer can arrest you before warning you of your rights.
• An arrest without rights warnings is still a valid arrest; it just may mean that evidence collected from it is not admissible in court later.

a. What if I do not know if I am under arrest?

ANSWER:

If you have been arrested, the police office must tell you immediately (in a language which you understand) that you are arrested and:

• why you have been arrested; and
• that you have a right to choose a lawyer.

If you are unsure whether you have been arrested, you should ask the police officer as they have the obligation to tell you.

Source: Constitution of Ghana, 1992 with Amendments through 1996, Chapter 5, Section 14.2 (Ghana_1996.pdf (constituteproject.org)

The Criminal Procedure Code, 1960 (Act 30) Section 3.

b. What is the difference between detention and arrest?

ANSWER:

You are under arrest if you are being charged with a crime (and the police officer must inform you immediately if you are under arrest - see previous question).

You may be detained by the police until you have been officially placed under arrest, meaning that you are being held for questioning/ investigation by the police and may not leave. The police may detain you for questioning/investigation but this does not necessarily mean that you have been arrested.

Source: Constitution of Ghana, 1992 with Amendments through 1996, Chapter 5, Section 14.2 (Ghana_1996.pdf (constituteproject.org)

c. If I am handcuffed, am I arrested?

ANSWER:

If handcuffs have been used, you have most likely been arrested as an officer can arrest you by using physical force. If you are arrested, the police must inform you immediately, in a language that you understand, the reasons for your arrest and your right to request a lawyer of your choice.

Constitution of Ghana, 1992 with Amendments through 1996, Chapter 5, Section 14.2; Juvenile Justice Act, 2003 (Act 653), Section 4; The Criminal Procedure Code, 1960 (Act 30) Section 3. Standard Operating Procedures for Child-Friendly Policing https://www.unicef.org/ghana/media/2911/file/SOP%20-%20Children%20in%20Conflict%20with%20the%20Law.pdf

d. If my liberty is restricted, am I under arrest?

ANSWER:

Yes. You are under arrest if the person making the arrest touches or confines your body.

Ghana Police Service Standard Operating Procedures:

2.3. Mode of arrest 2.3.1.

In making an arrest, the Police Officer shall actually touch or confine the body of the person to be arrested, unless there is submission to the custody verbally or by conduct.

https://vdocuments.mx/ghana-police-sops-2016-12-23-ghana-police-service-legal-and-prosecutions.html?page=5

Criminal Procedure Code 1960

Section 3—Arrest how Made.

In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

• You can use your right to remain silent or any of your other rights (e.g., the right to an attorney) by saying that you want to use that right.
• You are also able to waive your rights (that is, not use them) by, for example, saying 'Yes, I understand my rights but I am ready to talk to you.' This is not a good idea without a lawyer present.
• Make sure you know what you're doing in giving up your rights

a. How do things change if I am read my rights by police?

ANSWER:

Being informed of your rights is a mandatory element of an arrest. If you have been arrested, the police office must immediately tell you (in a language which you understand) that you are arrested, and explain:

• why you have been arrested.
• that you have a right to choose a lawyer.

Constitution of Ghana, 1992 with Amendments through 1996, Chapter 5, Section 14.2 (Ghana_1996.pdf (constituteproject.org)

The Criminal Procedure Code, 1960 (Act 30) Section 3. Criminal Procedure Code, 1960 (Act 30) (wipo.int)

Until you have been informed of the above, you are not under arrest. Once arrested, you will be given reasonable facilities for obtaining legal advice, taking steps to furnish bail, and otherwise for making arrangements for the defense of the charge against you.

The Criminal Procedure Code, 1960 (Act 30) Section 9. Criminal Procedure Code, 1960 (Act 30) (wipo.int)

Once arrested, you will be brought before a court within forty-eight hours after the arrest.

Constitution of Ghana, 1992 with Amendments through 1996, Chapter 5, Section 14.2 (Ghana_1996.pdf (constituteproject.org)

b. Does it matter where I am when the police read me my rights? (street, station, police car, etc.)

ANSWER:

Rights must be read immediately upon arrest (Chapter 5, Part I, subpart 14 of the Ghana Constitution). However, Ghana appears to place an emphasis on when, and not where, rights are read.

Any person who is restricted, restrained, or detained must be informed of their rights immediately. They must be told the reason of the arrest, restriction, or detention, and informed of the right to retain a lawyer (Chapter 5, Part I, subpart 14 of the Ghana Constitution)

The Constitution (ghanareview.com)

Note: The rights must be read "without delay" under Section 9 of the Criminal Procedure act.

• You are not required to make a statement, answer police questions or participate in a police investigation, and you never have to go anywhere with the police unless they have arrested you.
• If police have arrested you and if you are under the age of 18, police are required to immediately notify your parent, caretaker or legal guardian.

a. Am I required to make a statement?

ANSWER:

You have the right to remain silent. You are not required to say anything or write anything down.

Ghana Constitution Article19 (10) https://www.wipo.int/edocs/lexdocs/laws/en/gh/gh014en.pdf

Juvenile Justice Act Section 22 https://lawsghana.com/post-1992-legislation/table-of-content/Acts%20of%20Parliament/JUVENILE%20JUSTICE%20ACT,%202003%20

If a police officer asks you for your name and where you live and you choose not to give them that information, you can be arrested.

(Criminal Procedure Section 11)

If you choose to say something, it can be used as evidence in court. If you choose not to make a statement, your choice not to make a statement can also be brought up in court.

(Criminal Procedure Section 187)

b. Must police notify my guardian?

ANSWER:

Yes - the police must notify a parent, guardian, or close relative (someone over the age of 18) as soon as possible after you are arrested. A (Juvenile Justice Act, Section 11).

https://www.refworld.org/pdfid/44bf87374.pdf

https://challengingheights.org/wp-content/uploads/2014/11/JUVENILE-JUSTICE-ACT-2003-ACT-653.pdf

c. Must I confess?

ANSWER:

No, you have the right to remain silent. This means you do not have to confess to anything when you are questioned by the police.

(Juvenile Justice Act, Section 22)

https://www.refworld.org/pdfid/44bf87374.pdf

https://challengingheights.org/wp-content/uploads/2014/11/JUVENILE-JUSTICE-ACT-2003-ACT-653.pdf

d. What adults can I ask to be with me?

ANSWER:

A parent, guardian (someone who has the legal authority and responsibility to care for you), lawyer or close relative.

A probation officer must be present if:

• One of these persons cannot be contacted by the police; OR
• The police thinks it is not in your best interest to have one of these persons with you.

Source:

Juvenile Justice Act 2003, Section 13:

https://lawsghana.com/post-1992-legislation/table-of-content/Acts%20of%20Parliament/JUVENILE%20JUSTICE%20ACT,%202003%20(ACT%20653)/80

e. Who do police have to contact if I am a legal minor?

ANSWER:

The police must notify a parent, guardian, close relative, or your lawyer as soon as possible after you are arrested. If none of these people are available, the police must notify the probation officer.

Source:

(Juvenile Justice Act Section 11)

https://www.refworld.org/pdfid/44bf87374.pdf

https://challengingheights.org/wp-content/uploads/2014/11/JUVENILE-JUSTICE-ACT-2003-ACT-653.pdf

f. Can I be interviewed by the police without an adult present?

No. As a minor, you cannot be interviewed by the police without another adult present. If possible, the adult must be your parent, guardian, lawyer, or close relative.

If one of those people cannot be contacted by the police, the police must arrange for a probation officer to be present at your interview.

Source:

• You should always contact a lawyer before making any statements to anyone in a criminal case or investigation.
• This applies even if you are told that (i) police officers only want to question you and/or (ii) you are only a witness.
• While you do have to wait until you attend court to get a lawyer appointed if you cannot afford your own lawyer, you should still ask for a lawyer as soon as you are questioned or arrested by the police. If you are arrested, you have the right to remain silent and to not speak until your lawyer is present.

a. What if I am just a witness?

ANSWER:

There is a Witness Protection Act that established a Witness Protection Agency in the Republic of Ghana. The purpose of the Agency is to provide the framework and procedures for giving special protection, on behalf, of the State, to persons who possess important information and face potential risk or intimidation due to their cooperation with the law enforcement agencies with respect to investigation and prosecution.

WITNESS PROTECTION ACT, 2018 (ACT 975).pdf (parliament.gh)

Section 51—Dealing with the rights and obligations of a participant

1. If a participant has any outstanding rights or obligations or is subject to any restrictions, the Attorney-General shall take steps that are reasonably practicable to ensure that
   1. those rights or obligations are dealt with according to law; or
   2. the person complies with those restrictions.
2. The action may include
   1. providing protection for the participant while the participant is attending court; or 
   2. notifying a party or possible party to legal proceedings that the Attorney-General will, on behalf of the participant, accept process issued by a court, a tribunal or a commission of inquiry and nominating an office for the purpose.

• No. The police may lie to you during the course of an investigation, including lying about the strength of the case they have against you and particular evidence they have in their possession.
• Sometimes police will lie to try and get you to talk more.

a. Can the police lie to me?

ANSWER:

Under the Police Service Act, Section 17 police are subject to discipline for misconduct, however, there is no explicit law that addresses the police offering false information to citizens. For example, not following the rules or to do an act without a reasonable excuse may be misconduct.

Police Service Act, Section 17

b. Do I have to tell the police the truth?

ANSWER:

There is no explicit provision mandating one to tell the police to truth. However, it is worth noting that in the Criminal Procedure Code 1960:

Section 11—Refusal to give Name and Residence.

(1) When any person, other than a person liable to be arrested without an order or warrant under section 10 of this Code, who has been accused of committing an offence refuses on demand of a police officer to give his name and residence, or gives a name or residence which the officer has reason to believe to be false, he may be arrested by the officer in order that his name or residence may be ascertained.

https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/gh/gh011en.html

Further, during the investigative interview, police must also stress to the child the importance of telling the truth. As such, you are encouraged to always tell the truth.

REMEDIES:

If a police officer has wronged you, the Commission can help protect you. Chapter 18 of the Ghana constitution establishes the Commission on Human Rights and Administrative Justice.

You can submit an electronic complaint at this website: https://chraj.gov.gh/normal-complaint-form/

You can also complain to the Commission by sending a written letter to a national office. The head office of the Commission can have letters sent at the following address:

Old Parliament House, High Street, Accra.

Postal Address: Box AC 489, Accra.

You can also send it to a representative of the Commission at a district or regional office of the Commission.

A list of regional offices can be found here: https://chraj.gov.gh/district-offices/

If you write your complaint, you or your agent must sign it.

You can also complain by telling someone at the head office or a representative of the Commission at a regional or district office.

If you cannot complain for some reason, a lawyer or family member can complain for you.

You can also complain to the Inspector-General of the police or a superior police officer. The Inspector-General is the head of the police. A superior police officer is the boss of the police officer you wish to complain about. If you complain to the police, you must do so in writing, and sign that writing.

If you complain to the police, they must investigate. After they investigate, they must send you a report on their conclusions. They must help protect you if they find you have been wronged.

The constitution also protects you from unlawful detention. That means a police officer cannot arrest you without a good reason. If a police officer arrest you without a good reason, they have broken the constitution. You can ask something called the High Court to help you. They are able to tell the police to let you go. It is easiest to do this with the help of a lawyer.

You can make a complaint to: hq.pro@police.gov.gh

https://police.gov.gh/en/index.php/contact-us/

You can file a complaint with the Commission on Human Rights under the THE COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE ACT, 1993 (CHRAJ).

REMEDIES:

Children may not be discriminated against because of their race (Children's Act Section 3).

You can submit an electronic complaint at this website: https://chraj.gov.gh/normal-complaint-form/

You can also complain to the Commission by sending a written letter to a national office. The head office of the Commission can have letters sent at the following address:

Old Parliament House, High Street, Accra.

Postal Address: Box AC 489, Accra.

You can also send it to a representative of the Commission at a district or regional office of the Commission.

A list of regional offices can be found here: https://chraj.gov.gh/district-offices/

If you write your complaint, you or your agent must sign it.

You can also complain by telling someone at the head office or a representative of the Commission at a regional or district office.

If you cannot complain for some reason, a lawyer or family member can complain for you.

You can also complain to the Inspector-General of the police or a superior police officer. The Inspector-General is the head of the police. A superior police officer is the boss of the police officer you wish to complain about. If you complain to the police, you must do so in writing, and sign that writing.

REMEDIES:

The right to be free from racial discrimination is provided by the Ghana constitution.

You can submit an electronic complaint at this website: https://chraj.gov.gh/normal-complaint-form/

You can also complain to the Commission by sending a written letter to a national office. The head office of the Commission can have letters sent at the following address:

Old Parliament House, High Street, Accra.

Postal Address: Box AC 489, Accra.

You can also send it to a representative of the Commission at a district or regional office of the Commission.

A list of regional offices can be found here: https://chraj.gov.gh/district-offices/

If you write your complaint, you or your agent must sign it.

You can also complain by telling someone at the head office or a representative of the Commission at a regional or district office.

If you cannot complain for some reason, a lawyer or family member can complain for you.

You can also complain to the Inspector-General of the police or a superior police officer. The Inspector-General is the head of the police. A superior police officer is the boss of the police officer you wish to complain about. If you complain to the police, you must do so in writing, and sign that writing.

If you complain to the police, they must investigate. After they investigate, they must send you a report on their conclusions. They must help protect you if they find you have been wronged.

COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE ACT, 1993 (ACT 456)

REMEDIES:

You can write and sign a complaint to send to any superior police officer, meaning any police officer higher in authority than the police officer who performed the improper search or detention.

Police Service Act Section 23

(1) In the exercise of the powers vested in him by section 123A

(2)(c) of the Constitution, the Commissioner shall comply with the procedures set out in the Regulations.

(2) An appeal shall lie to the Commission from any decision of the Commissioner, or of any person to whom the powers of the Commissioner have been delegated, as a result of disciplinary proceedings brought against a police officer appointed by the Commissioner