Criminal Jurisdiction of Courts

Only offences committed in the country except S 56 of Act 459 and S 46 of Act 30 committed in ship or aircraft registered in Gh Committed partly in Ghana and wholly outside where wholly outside is criminal in Gh, partly outside and partly inside republic, Government office or statutory officer commits offence outside punishable in Gh where constitutes offence under our laws. < strong>Appiah v Republic citizen employed by government or statute outside Gh is punishable in Gh for offence committed outside per office, extortion. Whether citizen or not any of these offences punishable in Gh wherever committed slave trade or traffic in slaves, piracy, falsification or counterfeiting of an official seal ofthe Republic or any currency, genocide; an offence against the property of the Republic, an offence against the security, territorial integrity or political independence of the Republic, hijacking, unlawful traffic in narcotics, unauthorised disclosure of an official secret of the Republic, an offence by or against a person in the employment of the Republic or a statutory corporation while acting in the course of the duties of the employment, any other offence which is authorised or required by a convention or treaty to which the Republic is a signatory to.

Geographical: S 45 of Act 30 tried in court where offence is committed not where accused lives, where committed in two or more localities then any court in any locality. S 49 where jurisdiction objected in DC at time of plea, referred to CC for appropriate forum to be determined if prima facie proof established. S 51(4) no act under DC authority is void merely because beyond limits of district area, judge has no authority to strike same out unless AG withdraws case. S 104 If forum uncertain, referred to CJ, CJ at any time may transfer case from forum to another.

Subject matter: DC S 48 of Act 682 summarily fine less 500 penalty units, imprisonment less 2 years and any offence AG determines. Per Watara v Republic convicted by DC on offence of 5 years, that was outside jurisdiction of DC and AG can’t direct otherwise. S 49 of Act 459 & Children’s Act 1998 (Act 560)juvenile offences. S 2 of Act 30 no indictable power, only commit them for trial. CC S 43 of Act 459 original jurisdiction in all offences except indictable, death, treason or high treason. HC S 15 of Act 459 Original in all matters, appellate in DC or Juvenile cases and CC.

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