Lesson 2: Use of Informers

Copied En Mass from: ABE_Math_Tutorials/Whole_numbers/Introduction

INTRODUCTION The use of informants is very important in police work. They come from all walks of life. In dealing with them, investigators often find it useful to determine their motivations.

WHY DO PEOPLE GIVE INFORMATION People give information for the following reasons a.Revenge b.Fear c.Rewards d.Recognition e.Friendship f.Competition g.Patriotism h.Legal obligation i.Mitigation or reduced punishment

TYPES OF INFORMANTS The following is a list of type informants discussed in Swanson, Neil and Territo (2000) is not exhaustive, nor are the categories mutually exclusive. 1.Mercenary informants They provide information to the police for financial reward. A lot of investigators attach great important on this type of informants. However very few investigators actually engage the services of such informants. This limitation is due to lack of funds. 2.The rival informant They provide information to establish control over the activity in question, using the police to achieve legally what he or she cannot do alone. . From time to time, individuals who themselves are engaged in illegal activities may serve as informants as a means of eliminating their competitor. 3.The anonymous informant These types of informants are unknown. They are very difficult to deal with because their motivations are not identifiable since they are not known. Police departments receive anonymous information either by telephone or in writing. Anonymous information should not be disregarded but should be pursued, so long as it may be fruitful. 4.Legitimate informants:

These are law-abiding citizens who just deem it as a sign of good citizenship to give information about crimes that they posses to the police. Such persons are not easily motivated by anything like any ordinary informants except trust worthiness and confidentiality on the part of the police. Investigators will have to very tactful in dealing with such informants because a hasty conclusion can drag you in to political traps.

5.The self-aggrandizing informants They crave for recognition and feeling importance by giving information to the police. They have many contacts in criminal circles and when investigators identify this motivation, they should give ample praise each time information is supplied. Otherwise such informants may not continue the relationship. 6.The false informant These are the type of informants who intentionally provides misleading information mostly but not always, to direct police attention away from an illegal and ongoing offence by himself or herself, friends, or relatives. 7.Fearful informants They are worry that they will be endangered by the criminal activities of an associate. Fearing for their own well-being, they supply information. 8.The plea-bargaining informant They seek reduced charges or a lenient sentence. An individual arrested for a crime may know of criminal activities by others and, in exchange for telling the police. Swap shops and pawnshops, however properly operated, occasionally are places where stolen property is recovered. Shop operators may share information about criminal activities with the police to build credit and reduce the likelihood that they will be formally charged if stolen property is found in their possession

According to dictionary explanation, vetting means to examine closely and critically. For example, some one’s past record or qualification can be crosschecked to ensure its authenticity. vetting is mostly conducted before a person is offered a job or granted a certificate indicating that he or she is free from criminal records. IMPORTANCE/FUNCTIONS OF VETTING 1.Vetting is conducted in order to get the correct people for particular jobs, instead of putting “square pegs in round holes”. 2.People of questionable character are vetted to prevent them from entering in to security organizations and other reputable institutions. 3.Vetting is also necessary whenever a person applies for a license to possess firearms or occupy a public office.

METHODS OR TECHNIQUES OF VETTING There are two main methods of vetting – OVERT and COVERT.

OVERT The word Overt is derived from a French word Ouvre meaning to open. Therefore Overt Vetting is done openly or publicly: Example of Overt Vetting is calling the person for an interview to answer some questions about himself and also producing his C. V. (Résumé. or ‘Curriculum Vitae’.) This information is cross-checked and the facts known: Under OVERT vetting are two types of vetting nominal vetting and positive vetting or vetting by fingerprints. Nominal Vetting Nominal as the word depicts is vetting conducted in the absence and on behalf of the actual person being vetted. This is usually done by searching for the name of the person being vetted from the C. D. S. B. of the C. R. O. CID HQRS: Under this system all names of people with criminal records are kept in alphabetical order at the Criminal Data Services Bureau. The names are kept on tally or index cards with description of persons. In order to vet a person nominally the name of the person being vetted is looked for from the records to ascertain whether or not the person has a criminal record.

It also involves examination of the persons’ C. V. including courses studied in a school or college etc. this includes a brief written account of one’s past history (e.g. Educations, employment,). This is mostly done when the one being vetted is outside the country and needs a clearance certificate as a requirement to gain employment in another country or to satisfy the conditions to stay in a country.

Another way of vetting is Positive vetting.

This involves enquiries into the background of a candidate for a post involving national security (e.g. a person to be taking as a police officer) or any other job or office. By obtaining the persons fingerprints on the C.I.D form 59 and a search from the fingerprint bureau is made after the person’s fingerprint is classified and compared with the prints of previously convicted persons to ascertain of the person has a criminal record

COVERT VETTING: This is just the opposite of overt vetting. Under covert vetting the person being vetted is Not aware that he/she is being vetted.

Under this kind of vetting, the investigator does an under ground or behind the scene enquiries about the person being vetted by visiting the person’s hometown, work place, schools or institutions attended. Enquiries about the person being vetted are conducted   from people in authority, (chiefs, Headmasters and Head teachers of the school attended by the person).  When all these information is obtained, the person can then be invited to answer question from the findings:

Covert Vetting could also be conducted by taking a person’s fingerprints without his/her knowledge. To do this the Investigator can use different strategies including invitation of the person to be vetted to a party and provide the person with a drink in a glass once the person holds the glass he/she leaves his finger impressions on the glass. These impressions can be lifted, photographed, enlarged, classified and compared with prints obtained or available at the CRO.

Local knowledge refers to knowledge of one’s locality such as the people and their habits, criminals, premises, and general information. KNOWLEDGE OF USEFUL PEOPLE Doctors, nurses, midwives, religious leaders, pawnbrokers, market women, lorry drivers, bus conductors, letter writers, cycle repairers, tailors, watchmakers, goldsmiths, known criminals, conservancy labourers, beggars, night watchmen, prostitutes, Local inhabitants, Prominent politicians, etc. KNOWLEDGE OF BUILDINGS AND USEFUL PLACES Workshop, store sheds, brothels, vacant and unoccupied houses, clubs, gambling houses, cinemas, bars, chophouses, warehouses, brothels, vacant and unoccupied houses, clubs, gambling houses, church houses, uncompleted buildings fitting shops, abandoned vehicles etc. GENERAL INFORMATION Boundaries of your beat, Neighboring beat, Location of telephones, Position of hydrants, Names of roads, Bus routs, Lorry parks, Rail services, (time of arrival and departure) bungalows of community leaders, Important telephone numbers and motorcars index numbers communication centers Telephone numbers of useful persons and that of telephone boots.

The ability to describe people accurately plays a very important role in police work as a whole and in criminal investigations in particular. With reference to enquiries relating to crime, it is often indispensable to acquire from the persons interviewed particulars of some persons alleged of committing the offence so that a deception may be disseminated and the offender traced. In the same way, description of persons in custody, who may not have been seen by anyone at the time of the offence, are required for crime records. Interestingly, the worth of the M.O. System is dependent immensely on good information relating to the description of persons suspected, wanted or in custody, being recorded by those engaged in crime detection. However, the idea to be borne in mind when interviewing persons with the ability to provide descriptive information is to engender, if possible such a description as would facilitate a recognition of the suspect possibly by someone to whom the suspect was previously unknown.

It should be noted that ambiguous terms such as ordinary, normal and average must to be avoided since ambiguous terms could be misleading.

Persons typically required to be described include: 1.Wanted 2.Suspected 3.Missing and 4.Found unknown dead bodies.

An accurate and intelligent description makes identification of persons easier. There are no strict rules or method of describing persons however the following suggestions are recommended to provide an all-purpose guidance in the description of persons. Every individual possess four important features: - 1.Features which cannot readily be changed 2.Distinctive marks 3.Peculiarities 4.Characteristic mannerism

These features may be elaborated as follows: -

Features, which cannot be readily altered: (i)BUILD: Stout, thin, slim, erect, and stoops (ii)COMPLEXION: Black, copper, light copper, etc. (iii)CHIN: Long or short, pointed, square, round. (iv)EYES: Color – blue, green, brown, small, big, medium, blind, long, lashes. (v)EARS: Large, small, lobules, large lobes. (vi)FACE: Oval, round, long, wrinkled, high cheek, Protruding, forehead. (vii)HEIGHT: Short or tall (viii)HEAD: Long, large, small, oblong. (ix)HANDS: Long, short, broad, long-fingers, Short-Fingers. (x)LEGS: Straight, small, bow legged.

(xi)NOSE: Hooked, large, small, wide or narrow. DISTINCTIVE MARKS: TRIBAL MARKS: Denoting tribe or country of origin.

SCARS:- Vaccination marks, moles tattoo, deformities (especially those which are visible or on forearms. Commence at top of head and work downwards.

PECULIARITIES: (a) WALKING: Smartly, slow or slovenly, limping etc. (b) VOICE: High pitched, deep, loud, soft, stammer or

Other impediment, difficult in pronouncing certain words or letters.

MANNERISM It must be emphasized that uniqueness of every individual can be demonstrated both implicitly and explicitly through certain bodily features, gestures, attitudes and actions.

Indeed, these behavioral attitudes are referred to as individual characteristic or mannerism. The reliability of mannerisms in the description of persons can be inferred from the fact that though some people can change their appearance, very few can rid themselves of mannerisms that they have acquired in their lives. 

Examples include the following examples of a person who: Bites the tongue; Bites the finger nails; Sings a particular Song; Drinks a particular brand of spirits or beer; Smokes a particular cigarette or particular Way of holding a cigarette; Holds his head on one side while walking;

INTRODUCTION LEARNING OBJECTIVES

After actively studying this unit you should be able to : 1.Explain the two basic procedures for initiating criminal proceedings? 2.Mention and explain ten (10) different types of warrant used in criminal proceedings? 3.Define warrant 4.Mention and explained briefly at ten (10) types of warrants

5.Define summons 6.List and explain the types summons discussed in this section? 7.Explain how summons are served 8.State the essential features of an accused of defendants summons and witness summons.

9.Define arrest 10.Mention at least five sections of the criminal procedure code relating to arrest 11.Explain the difference between power of arrest by ordinary citizens and police officers 12.Differentiate between arrest warrant and bench warrant 13.Mention four conditions that makes an arrest lawful 14.Mention four justifications of arrest 15.Explain what considerations or decisions must be made after arresting a person (1) with warrant and without warrant?

16.Outline the procedure for a lawful arrest 17.State why there is the need to comply with principles and procedures regarding arrest

18.Explain the concept bail 19.Mention two major alternatives that are available to the station officers after a person has been arrested without warrant 20.Mention three principles guiding any amount of money or property stated on the bail bond 21.Mention the two basic classifications of bail and state the differentiate between them 22.Mention five reasons justifications for refusal of bail 23.Explain the following a.Court bail b.Self-recognizance bail c.Surety d.Bail bond 24.State why there is the need to comply with principles and procedures regarding bail 25.Explain the

To ensure successful investigations the right legal procedure must be followed. Every law enforcer must be aware of and observe the provisions of the criminal procedure. The purpose is not only to ensure the admissibility of the evidence that will be presented but also to justify his actions. Anybody who professes to be an effective police officer must thus have good knowledge of the Criminal Procedure Code (Act 30/60) or at least familiarize himself/herself with its content. Criminal procedure refers the legal system for determining the guilt or innocence of a person accused of a crime. Some of the issues in criminal procedure so crucial in learning to become a criminal investigator include Arrest and bail (See section 3 – 15 of Act 30/60), taking of fingerprints and photographs of people in connection with an offence (Section 108 of Act 30/60) proof of previous conviction (See section 117 of Act 30/60) serving a summons and executing a warrant. In Ghana as in many other Democracies, the heart of the system is the presumption of innocence. This means that a defendant is presumed innocent until proven guilty. In all criminal cases it is up to the prosecution to prove the elements of the offence, which make up guilt. Presumption of innocence takes further expression in the right of the accused not to answer questions that might incriminate himself /herself, and the right to cross-examine all prosecution witnesses. Furthermore defendant can only be prosecuted once for an alleged crime and the onus (burden) lies on the prosecution to prove the guilt of the accused. The two basic procedures for initiating a criminal proceeding are by formal complaint to the police or by information to a justice on oath 1. COMPLAINT: (See section 414 OF ACT 30/60): Complaint is an allegation that any named person has or is about to commit an offense of moving him to issue a process (Warrant or summons). 2. INFORMATION: Is any complaint on Oath or any charge made before a justice to the effect that someone has or in suspect of having committed an offence or an Act, for which he is liable to be punished. DIFFERENCE BETWEEN COMPLAINT AND INFORMATION; The difference between Complaint and Information is that the former is the foundation leading to an order by the Court whilst the latter is the foundation for a conviction by the Court

LEARNING OBJECTIVES After studying this unit you should be able to; 1.Define warrant 2.Mention and explained briefly at ten (10) types of warrants Definition It is a written authority signed by a justice directing the person or persons to whom it is addressed to do some specified act therein.

 Types of warrants 

For further reading on the types of warrants 1.Extradition Warrant (Act 22 of 196) 2.To Search (Sect. 88) 3.To Show Cause (Sect. 26) 4.Bench Warrant (Sect. 72) 5.To take Prisoner before another Court (Sect. 43) 6.Warrant on Goaler to produce prisoner (SECT. 86) 7.Remand warrant (Sect. 315) 8.Warrant to Commit to Prison (Sect. 169 9.Distress Warrant 10.Commitment on Distress 11.Warrant to Arrest It is a Warrant issued by the District Magistrate or Judge committing a convict prisoner to prison to serve his/her term of imprisonment. 1.BENCH WARRANT (See SECT 72) It is a warrant issued by District Magistrate or Judge against an accused person who was bailed at a police Station or before a Magistrate or served with an accused summons to attend court on a dare mentioned and who fails to attend Court. 2.REMAND WARRANTS (See SECTION 169 It is a warrant issued by a District Magistrate or Judge authorizing the keeper of prisons to keep an accused person who is being tried and whose case has been remanded to a date so fixed in the warrant, it is issued only in the following cases: If the accused has on one to stand for him as surety If the Police objects to bail on reasonable grounds. 3.DISTRESS WARRANT (See SECT. 317) This warrant is issued after a defendant has been adjudged in Court to pay a sum of money. It orders the defendant to pay the money or in default to have his goods seized and sold.

4.EXTRADITION WARRANT (See ACT22 OR 196) It is a warrant issued for a person who has committed a crime in one country and has fled abroad to be taken for trail at the country of which he has committed the crime. 5.WARRANT OF GAOLER TO PRODUCE PRISONER (See SECT. 86) It is issued by a Justice directing an officer of the Prison or a Prison Superintendent to bring a convict prisoner in proper custody at a time specified in the order, before the Court. 6.COMMITMENT ON DEFAULT OF DISTRESS WARRANT(See SECTION 315) This warrant is issued by a Magistrate or Judge for the arrest and subsequent commitment into prison of the person who has been adjudged by the court to pay a sum of money and has failed to pay such money. 7.WARRANT TO SHOW CAUSE(See SECTION 26) This is a warrant issued by the Magistrate or Judge whenever it appears to him upon information that there is reason to fear the commission of breach of the peace for the arrest of the person concern to be prevented otherwise than by immediate arrest. 8.WARRANT TO TAKE A PRISONER BEFORE ANOTHER COURT (See SECT.43) It is a warrant issued by a Justice in respect of a prisoner to be remitted to another court or a prisoner already in prison, to the prison authorities to produce such a prisoner before a court. 9.WARRANT TO DISCHARGE FROM PRISON OR CUSTODY A warrant to discharge from prison is an order issued by a court to the officer in charge of the prison or other place of detention for the release of a person so held in custody after the execution of his bond. 10.WARRANT TO ARREST: (See SECT. 73 OF ACT 30/60) It is a written authority by a Justice directing the Police Officer or any person (See Sect 75) to arrest an offender to be dealt with according to law. VALIDITY OF WARRANTS A warrant remains valid until it is executed or withdrawn or cancelled by the Court that issued it.

INTRODUCTION

LEARNING GOAL In this section the main goal is to help trainees learn the types of summons and basic issues regarding the service of summons.

LEARNING OBJECTIVES After actively studying this unit you should be able to: 1.Define summons 2.List and explain the types summons discussed in this section? 3.Explain how summons are served 4.State the essential features of an accused of defendants summons and witness summons.

SUMMONS DEFINED This directs the person named therein to appear in court at a given time, date and place either to answer an alleged offence or to give evidence. TYPES OF SUMMONS ACCUSED OR DEFENDANT SUMMONS: This directs the accused person therein to appear before a Court at a given time, date and place either to answer an alleged offence or to give evidence.

This summons must describe the offence, state the section and chapter of the law, date and place of defendant’s appearance, and must contain the signature of the Magistrate issuing it.

WITNESS SUMMONS: This directs the person (s) named therein to give evidence either for the prosecution or defense. This summons only states the name of the complainant and defendant, the date and place of witness appearance and the signature of the Magistrate issuing it. SERVICE OF SUMMON:

Every summons is served by a Police Officer, an Officer of the court or a Public Officer. The person summoned will have to sign a receipt as a proof of being served at the back of the duplicate summons if required by the serving Officer to do so.

HOW IS IT SERVED? Refer to the following: i.Service personally on defendant. (Section 63 of Act 30/60) ii.Service in absence. (Section 64 and 65 of Act 30/60) iii.Service on Civil Servants. (Section 66 of Act 30/60) iv.Service on Company. (Section 67 of Act 30/60) v.Service outside Jurisdiction. (Section 68 of Act 30/60)

SERVICE PERSONALLY ON DEFENDANT (SECTION 63 OF ACT 30/60) Every summons shall be served by a Police Officer or by any Officer of the Court issuing it or other Public Officer and shall, if practicable, be served personally on the person summoned by delivering or tending to him one of the duplicates of the summons. Any person on whom a summons is served shall, if so required by the serving officer, sign a receipt thereof on the back of the other duplicate.

SERVICE IN ABSENCE (SECTION 64&65 OF ACT 30/60) Where the person summoned cannot by exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some person apparently over the age of 16 years at his usual or last known place of abode or business. If service in the manner provided by section 63 cannot by the exercise of due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and thereupon the summons shall be deemed to have been duly served.

SERVICE ON CIVIL SERVANT (SECTION 66 OF ACT 30/60): Where the person summoned is in the Civil Service, the District Court issuing the summons shall ordinarily send it in duplicate to the Head of the Department in which he is employed, and such head shall there-upon cause the summons to be served in the manner provided by Section 63 and shall return it to the Court under his signature with the endorsement required by that Section. Such signature shall be evidence of the service

SERVICE ON COMPANY (SECTION 67 OF ACT 30/60) Service of a summons on a body corporate may be effected by serving it on the secretary, Local Manager, or other Principal Officer of the Corporation, or by registered letter addressed to the Chief Officer of the Corporation in Ghana at its registered office. In the latter case, service shall be deemed to have been effected when the letter would arrive in ordinary course of post.

SERVICE OUTSIDE JURISDICTION (SECTION 68 OF ACT 30/60) When a District Court desires that a summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall send the summons in duplicate to a District Magistrate within the local limits of whose jurisdiction the person summoned resides or is, to be served.

PROOF OF SERVICE (SECTION 69 OF ACT 320/60) At the hearing of any case, and in any case, whereat summons issued by a District court has been served outside the local limits of its jurisdiction the Officer who served the summons must give evidence to certify that the summons have been served. However if the officer is not available at the trial an affidavit In a situation where the Officer who served a summons is not present at the hearing of the case, and in any case, where summons issued by a District court has been served outside the local limits of its jurisdiction, an affidavit purporting to be made before a Magistrate that the summons has been served, and a duplicate of the summons indicating who received the summons shall be admissible in evidence, and the statements made there in shall be deemed to be correct until the contrary is proved. The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the courts.

NOTE: The Officer serving a summons must make sure that there is no error in the endorsement to be made at the back of the summons as to its service. Summons may be issued at any day and served on any day.

INTRODUCTION

In almost every passing out speech, fresh constables are cautioned against arbitrary arrest. This section is aimed at throwing more light on issues of arrest.

LEARNING GOAL In this section, the main goal is to help trainees or learners Learn the basics of arrest procedure and legal issues connected with arrest. LEARNING OBJECTIVES

After studying this section you should be able to; 1.Define arrest 2.Mention at least five sections of the criminal procedure code relating to arrest 3.Explain the difference between power of arrest by ordinary citizens and police officers 4.Differentiate between arrest warrant and bench warrant 5.Mention four conditions that makes an arrest lawful 6.Mention four justifications of arrest 7.Explain what considerations or decisions must be made after arresting a person (1) with warrant and without warrant?

8.Outline the procedure for a lawful arrest 9.State why there is the need to comply with principles and procedures regarding arrest

 WHAT IS ARREST?
Arrest, literally refers to the act of physically restraining a person in order that that person may be forthcoming to answer an alleged offence. 

However it is not all arrest that are lawful. A lawful arrest must satisfy four conditions (seen ACT 30/60 Sections 3,4,5,6,7,8,9,10,11,12,14,15.). 1.It must be within the powers and authority conferred on the person carrying out the arrest. 2.It must be justified 3.It must be within the limitation enshrine in the constitution for the treatment of arrested persons 4.It must follow the legally enshrined procedure

A.            POWERS OF ARREST

Strictly, every arrest must be made with a warrant, (this is an authorization issued by a court to bring a person to justice). However the criminal procedure code {Act 30/60 Section (10) and (11)}, allow police officers to arrest suspects of most serious crimes without a warrant. In recent times warrants are confined essentially to cases where an accused has failed to appear in court, or where it is desired to apprehend a person who is in breach of an injunction. 1.Police powers of arrest without warrant under section 10 of Act 30/60 (The Criminal Procedure Code of Ghana) are broad (extensive or wide). A large number of offences are arrestable by the police, without a warrant. These include all offences for which a long prison sentence is available. a.Certain offences of a lesser character may attract police arrest if committed in his /her presence. {See Act.30/60 Sect.10. Subsect (1)(a)-(e)}. b.Indeed if an offence fall outside these categories, the police can still arrest a person without a warrant if certain conditions such as the person refusing to give or giving a wrong name and address exist. See Sect. (11) c.Typically these conditions have been widely understood, and an arrest without a warrant by a police officer hardly becomes unlawful provided the officer can reasonably justify his or her action within the legal code.

d.Police officers can arrest a person when they suspect that an arrestable offence has been committed, and have reasonable grounds for suspecting that the arrested person did it {See Section 10 Subsection. (2) (a)-(b)}. They may also arrest someone about to commit an arrestable offence, or whom they have reasonable grounds to suspect to be about to commit it.

2.Ordinary Citizens can arrest. However the Circumstances under which Ordinary Citizens have power to arrest a person are relatively limited. {See Act.30/60 Sect.12}. b)If an offence is in progress, the arrest may be made on reasonable suspicion that the arrested person is the perpetrator. c)If the offence is however thought to have already taken place, then the private person can only arrest if there was in reality a criminal offence. 3.In conclusion the main difference between the powers of arrest by a police officer and that of a private person lies in the fact that a.A police officer’s power to arrest without a warrant can be based on the reasonableness of the suspicion. b.However in the case of the private person a reasonable suspicion must further be supported by the actual existence of such an offence having taken place.

B. JUSTIFICATION FOR ARREST WITHOUT WARRANT The police service instructions number 166 outlines four reasons that may justify the arrest of a person who has committed an offence or is reasonably suspected to have committed an offence without warrant. 1.To prevent escape of a person believed to have committed an offence. 2.To stop or prevent the continuation of the criminal act. 3.To forestall peace or prevent the likely breach of the peace. 4.To facilitate immediate investigation in to the case. The above can be determined by taking in to consideration the following conditions or factors a.Gravity of the offence b.Weight of the evidence c.Status of the suspect This is to say that the possibility of; any intention or desire by the suspect or accused to escape, likely disturbance of the peace either by the suspect or interested parties, and likely continuation of the offence or likely interference with the investigations can be determined or predicted by looking at the gravity of the charge, the weight of evidence and the status of the alleged offender. For example, the likelihood of a minister of state or a bank manager absconding as a result of a charge of common assault is presumably lesser than a “kayayoo” connected with the same offence.

Comparatively, irrespective of the status of a person connected with the charge of robbery, rape, murder or treason, the possibility of desire to escape justice if the person gets the opportunity could be very high than in a less severe charge. 

Thus in all cases it is important to consider the relationship between the possibility of escape from justice and any of the other likely problems, if an arrest is delayed and the possibility of embarrassment if the arrest is carried out in a hasty manner. C. LIMITATIONS ON THE POWERS OF ARREST AS ENSHRINED IN

 The observance of the rights and dignity of the person being arrested {See Article 14 and 15 of the 1992 Constitution of Ghana} must be adhered to.
SOME CONSTITUTIONAL RIGHTS OF PRISONERS

As a constitutional requirement all manner of person arrested by the police must be treated with respect and dignity both psychologically and physically. , For example once a person is arrested he /she must be informed of the reason for his/her arrest and right to silence as soon as possible: Otherwise what the arrested person says may not be admitted as evidence in court. The suspect is then conveyed to a police station, where a formal charge will be preferred against him or her if an offence is established. Thus, so Long as words spoken or written by a person is intended to be used as evidence against him or her, the investigator or the person keeping custody of the arrestee must always remind the arrestee of his or her constitutional rights before taking down what he or she may say. These include: 1.Right to know the specific offence committed 2.Right of silence. 3.Right to be told that whatever they will say will be tended in evidence 4.Right to take counsels of their own choice Additionally an arrested person cannot be medically examined without his or her consent unless the said prisoner is not sober. Notably a Prisoner who consents to a medical examination has the right to nominate a medical officer of his or her own choice. However the examination must be conducted in the presence of a government medical officer and the prisoner must pay the fee for such examination if he or she chooses a medical officer other than a government medical officer. D. ARREST PROCEDURE 1.Touch the arrestee, Sect. 3 of Act 30/60 2.When in plain clothes Show appointment card, S. I. 166 3.Explain reasons for arrest; unless it is obvious, and shows warrant Sect. 7 Act 30/60. 4.Administer short caution and write down replies, if any e.g. “You are not obliged to say anything but what ever you say may be given in evidence.” 5.Search on the spot – sect – 8 of Act 30/60. 6.A person arrested should be taken immediately to Police Station and ensure that the prisoner and all things of evidential value are safe. ESSENCE OF WARRANT TO ARREST (See SECTION 73 ACT 30/60) 1.It remains valid until executed or withdrawn. (See Section 73 (3) of Act). 2.It may be issued and executed on any day including Sunday (See Section 82) An arrest warrant must be endorsed after

\execution as follows: SAMPLE “I (No32241 G/CPL. Stephen. D. Gabada) hereby certify that I have this 24th day of December 2004 executed this warrant on the within named person by arresting him at Nangalitinia cautioned (reply if any).

When a person is arrested outside the jurisdiction of the issuing justice, the District Magistrate in whose jurisdiction the arrest is made should first be contacted to endorse the warrant and cause the removal of the arrested parson to where he committed the offence.

It would however not be necessary to put the arrestee before such Magistrate in whose jurisdiction the arrest is effected under the following circumstances. (Refer to Section 80 & 81 of Act 30/60). 1.When the circumstances will not permit such endorsement 2.When the arrest is effected at a place within 20 miles from the issuing magistrate, 3.Where an endorsement on the warrant orders the release of the arrested person on his executing a bond either with or without sureties, NOTE Neither should the prisoner be molested, be allowed to escape nor the items collected get lost or be destroyed enroute (on the way) to Police Station – sects. 9 of Act 30/60.

REVIEW QUESTIONS 1.Identify and discuss the legal basis to justify an arrest without warrant 2.List and discuss the legal principles guiding arrest without warrant. 3.Compare and contrast the legal principles guiding the powers of a private person and that of a police officer on arrest without warrant. 4.Outline the legal procedure for arrest. 5.Why must a police officer understand the legal principles regarding arrest? 6.Should civilians be educated on the principles guiding arrest? Give reasons for your answer. 7.What makes an arrest unlawful 8.With examples explain what is arbitrary arrest

INTRODUCTION Whenever a person is arrested for an offence, the officer in charge of the Police Station is expected by law to investigate into the case. The preliminary (initial) investigation is bound to arrive at one of two likely outcomes. A criminal case may be established against the suspect. There may be no criminal case to implicating the suspect. In any of the above instances the officer in charge the station or unit is by law faced with two options. If no criminal case is established against the suspect he or she must be released without delay. If however, after preliminary inquiry, it is found that there is a case against the suspect, the officer is expected to

Without delay put him before a Magistrate for a remand. Or

Grant him or her bail. On the bail bond the suspect may be instructed to either report the police station at a date and time stated for further investigation or to report at the Court for trial

LEARNING GOAL In this lesson our main goal is to help trainees Learn the basics of LEARNING OBJECTIVES.

After studying this section actively, you should be able to; 1.Explain the concept bail 2.Mention two major alternatives that are available to the station officers after a person has been arrested without warrant 3.Mention three principles guiding any amount of money or property stated on the bail bond 4.Mention the two basic classifications of bail and state the differentiate between them 5.Mention five reasons justifications for refusal of bail 6.Explain the following a.Court bail b.Self-recognizance bail c.Surety d.Bail bond 7.State why there is the need to comply with principles and procedures regarding bail 8.Explain the difference between bail with surety and selfrecognisance bail?

WHAT IS BAIL? Bail is a guarantee backed by a promise to pay a sum of money stated on a document called bail bond, for a person originally arrested to be released to reappear at a given time, date and place either to answer an alleged offence or for investigations into an alleged offence and to forfeit (pay) the amount promised if it is disobeyed (fail to appear).

Principles guiding money or any form of guarantee stated on the bail bond include the following; 1.No sums of money is supposed to be paid to or accepted by the Police before or during the execution of a bail-bond. 2.The amount stated, as security is only payable upon a court order when the person bailed fails to appear. 3.The amount stated as security for bail shall not be less than the maximum fine, which may be inflicted by the court as punishment for the offence for which the accused is charged.

TYPES OF BAIL A person arrested may either be granted Police enquiry bail or Court bail.

Police enquiry bail is granted either for the person to appear in court or report back to the Police station for further investigation in to the case. Police enquiry bail is either granted with a surety or by self-recognizance.

Court bail: Section 96 of ACT 30/60 The Court has power to grant bail to any person brought before it whose case is not punishable by death. Police may however with justifiable reasons raise an objection to the granting of bail by the court under some circumstances and if approved by the court a remand warrant should be obtained from the court as an authorization to detain the arrestee until the date stated on the warrant as the next court date.

FIVE (5) JUSTIFICATIONS FOR REFUSAL TO GRANT BAIL

Any person arrested is entitled to bail within 48 hours as enshrined in the 1992 Constitution of Ghana. Bail can however be refused if granting of bail is likely to cause any of the following five situations. 1.A further breach of the peace 2.The escape of the arrestee (suspect or accused) 3.Destruction to life and property 4.Interfere with or undermine the judicial process or prosecution 5.Endanger the life of the arrestee himself/herself, and witnesses

WHAT ARE THE FACTORS TO CONSIDER BEFORE GRANTING BAIL? Before grating bail consider the following 1. That the offence or suspected offence is not murder or treason or an offence punishable by death. 2. That the possibility of the offender’s appearance in Court or the Police Station is guaranteed. 3. That the offender will not interfere with prosecution witness on his release or will not commit more offences. 4. The arrest must have been made without warrant and if it is made with warrant, then an authority as to bail must have been stated on it. (Section 74 of Act 30/60)

        5.	There must be sufficient surety or sureties.

SEE:

       Section 15, 961, 101 & 102 OF ACT 30/60

RECOGNIZANCE BAIL In the case of self-recognizance bail, the offender alone signs the bail bond.

SURETY i.A third party called surety (a person not the offender) signs the bail bond for the offender’s appearance or otherwise as directed in the bond. If the conditions in the bail bond are disobeyed the surety must help the police or court to locate the suspect or pay the sum in the bail bond.

SCENARIO

1.On 21st February 2006, a case of Hanging was reported at the charge office by George Abeka, a prison officer, of House number B15 Kokomlemle at 8:15am. The incident took place at 5:00am in the room of the deceased. He was found hanged on the ceiling fan with a rope Name of the deceased is Bernard Bampoe alias BB. Aged 29.

2.Based on the above compliant, the case was referred to you for investigation. You visited the scene and interviewed the following people; i.Konkonsa ii.Okro mouth iii.Talk true iv.Abena Msemwura (sister of the deceased) Statements taken from them and measurements as well as photographs of the scene were taken. Prints and blood drops were lifted from the room. The body was removed to the mortuary for preservation and autopsy. The district coroner was informed. The preliminary investigations revealed the following;

I.The deceased who was a carpenter, failed to provide one Kofi Lormenu with a set of room furniture for which a sum of ¢4.5m was paid by the later to the deceased. II.That after several attempts and negotiations by the said Kofi Lormenu to get the furniture or retrieve his money had proved futile, he issued a threat of death to the deceased in the presence of the above mentioned sister of the deceased and other witnesses. III.The death of the decease was thus suspected to have been caused by the said Kofi Lormenu and not a suicide as portrayed by the situation.

     3.   You traced and arrested, interrogated and took statements from the suspect and put him before court.  You objected to bail requested by his counsel and he was remanded in prison custody for two weeks.
     
     4.   The autopsy conducted and a verbal cause of death was given as broken neck through strangulation.

QUESTIONS

Part A

1.With reference to the scenario above, prepare a diary of action and build a complete docket covering all the events.

2.The arrest was without warrant and you have been asked to justify why you did not obtain a warrant.

3.Justify your objection the bail.

Part B

During the arrest, the suspect resisted the arrest and was supported by his friends and some family members and gave the police a tough time through verbal non-compliance to the use of lethal force. However you and your team were very tactical and succeeded in the arrest. Some casualties were recorded including a broken arm of a brother of the suspect who was wielding a cutlass

Outline the different levels of resistance that you encountered and how you counteracted to control the situation.

DEFINING AND APPLYING A CODE OF ETHICS

The Code of Ethics applies to all law enforcement officers. Police personnel living by this code must comply with the following:

1. Doing the right thing, at the right time, in the right way.

2. Avoid all illegal activity and even the appearance of wrong doing. You must adhere to a far more restrictive code of conduct than that expected from the average citizen.

3.Trying to live up to these standards as a police officer you must be totally honest: a) In performing your duty b) In reporting crimes or other violations c) When giving testimony

4. Being true to the police profession philosophy, Serve and Protect, includes:

a) Being ready and willing to place yourself in danger to protect a citizen. b) Standing by the law and your convictions, even when the decision is unpopular. c) Being ready and willing to place yourself in danger to protect a prisoner or a person who is suspected of committing a crime, no matter what the threat might be.

   (Refer to Article 1 UN Code of Conduct for Law Enforcement Officials)

4.Being loyal

a) First and foremost to the rule of law, the principles of justice and the objectives of law enforcement. b)Second to your police organization

5.Being accountable and accepting responsibility for yourself

a)Decisions b)Conduct

ETHICS CRIMINAL INVESTIGATION

HUMAN RIGHTS

“NO FREEMAN SHALL BE TAKEN, IMPRISONED, OUTLAWED, EXILED OR IN ANY WAY DESTROYED, NOR WILL WE PROCEED AGAINST OR PROSECUTE HIM, EXCEPT BY THE LAWFUL JUDGEMENT OF HIS EQUALS AND BY THE LAW OF THE LAND”

MAGNA CARTA 1215

UNIVERSAL  Standards
for  human  rights,  law  enforcement, international relations and international law:

-CONSENT- -IMPARTIALITY- -MINIMUM USE OF FORCE- -CREDIBILITY- -NEGOTIATION AND MEDIATION-

WHAT DO WE MEAN BY “HUMAN RIGHTS” Human Rights are universal legal guarantees protecting individuals and groups against actions by governments which interfere with fundamental freedoms and human dignity.

-The right to life -Right to adequate food, shelter, clothing and social security -Freedom of thought and religion -Freedom of movement -Freedom of discrimination -Right to equal protection of the law -The right to a fair trail -Freedom from arbitrary interference with privacy, family, home or correspondence

A HUMAN RIGHTS VIOLATION IS

A GOVERNMENTAL TRANSGRESSION

OF RIGHTS GUARANTEED BY INTERNATIONAL, REGIONAL AND NATIONAL LAW SOURCES OF HUMAN RIGHTS LAW CUSTOMARY INTERNATIONAL LAW

general and consistent practice of states followed because of sense of legal obligation

Includes provisions of the UNIVERSAL DECLARATION OF HUMAN RIGHTS TREATY LAW

Covenant on Civil and Political Rights Covenant on Economic, Social and Cultural Rights Convention Against Torture Convention on Elimination of all forms of Racial Discrimination Convention on the Rights of the Child etc.

INSTEAD OF PUTTING

OTHERS IN THEIR PLACE,

PUT YOURSELF

IN THEIR PLACE.

POLICE INVESTIGATIONS INVESTIGATION KEYPOINTS

Presumption of innocence
Right to a fair trial 
Right to security of the person
Respect for confidentiality of the information
Right not to confess or testify against self
Absolute prohibition of torture, cruel,                  inhuman, degrading treatment

PRESUMPTION OF INNOCENCE Everyone charged with criminal offence shall have the right to be presumed innocent until proved guilty according to law.

(ICCPR art.14)

RIGHT TO A FAIR TRIAL To be informed promptly and in detail of the charge against him or her

To be tried without undue delay

To examine, or have examined, the witnesses against him or her

To be free from compulsion to testify against self, or to confess guilty DEFINITION OF TORTURE TORTURE Torture is never justified under any circumstances, and no public official has any defense available to him or her for committing a crime. No exceptional circumstances whatsoever, whether a state of war or threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. An order from a superior officer or a public authority may not be invoked as a justification of torture. ARREST International Covenant on Civil and Political Rights (ICCPR)

Body of Principles for the Protection of All Persons under any Form of detention or Imprisonment (BoP)

Declaration on the Protection of All Persons from Enforced Disappearance (DD) RIGHTS RELATING TO ARREST PROHIBITION OF ARBITRARY ARREST

not based on legal grounds not respecting legal procedures not reasonable/appropriate in the circumstances discriminatory without fair, solid and substantial cause THE ARRESTING Ethiopia POLICE OFFICER SHOULD TELL THE ARRESTED PERSON OF THEIR RIGHTS: The reason for arrest The right to remain silent and make no statement The right, of the suspect, to inform family or employer of the detention The right to contact a lawyer before any statements to the arresting authority DETENTION International Covenant on Civil and Political Rights (ICCPR) Standard Minimum Rules for the Treatment of Prisoners (SMR) Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment (BoP) Definitions DETAINEE

Person deprived of personal liberty pending trial (unconvicted) PRISONER

Person deprived of personal liberty as a result of conviction for an offence (convicted) PRE-TRIAL DETENTION SHOULD BE EXCEPTION, RATHER THAN THE RULE “It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.” (ICCPR) CLASSIFICATION AND SEGREGATION UNCONVICTED 1.women 2.juveniles 3.ordinary population 4.convicted 5.men 6.adults 7.dangerous 8.detainees 9.juvenile offenders

Never give out a juvenile’s name to anyone except the judge and prosecutor arrest a juvenile only as a last resort parents are to be notified of any arrest, detention, transfer, sickness, injury or death the human rights of women and children violence against women and children is a crime and must be treated as such, including when it occurs within the family women and children as victims women and children who are victims of domestic and other forms of violence are entitled to the same protection as other victims of crime People (including husbands and partners) who subject women and children to domestic or other forms of violence must be dealt with under the law just like other offenders

Now is the time to reflect on these matters and go foreword as a leader in your area of responsibility. 