The Attorney General and Minister for Justice, Godfred Yeboah Dame, has introduced plea bargaining into the administration of criminal justice in Ghana.
This follows President Nana Addo Dankwa Akufo-Addo giving assent to a bill amending the Criminal and Other offences (Procedure Act), 1960 (Act 30).
“On Friday, 22nd July 2022, the President of the Republic of Ghana, Nana Addo Dankwa Akufo-Addo, assented to a bill to amend the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) to formally introduce plea bargaining into the administration of criminal justice in the country in respect of all offences except a few set out in the law. By virtue of this, the bill has become law – the Criminal and Other Offences (Procedure) (Amended) Act, 2022 (Act 1079),” the statement by the minister said.
Outlining the benefits of the new law, the attorney general listed that the introduction of plea bargain will help the state reduce its caseloads, decongest prisons, and save state resources.
“For an accused person, the benefits may include a reduction of the offence charged to a lesser offence, a reduction in punishment for an offence charged or a withdrawal of some of the charges against the accused person,” the statement added.
Godfred Dame further outlined the exceptions to the new rule stating that “Act 1079 creates exceptions to plea negotiations for offences in the nature of high treason, high crime, rape, defilement, genocide, robbery, kidnapping, murder, attempted murder, abduction, piracy, hijacking and an offence related to public elections. The decision to exclude the application of plea bargaining in respect of certain classes of offences was backed by strong public policy considerations. The interest of the state and the need to protect the vulnerable in society were paramount.”
Describing the plea bargain law as innovative, Godfred Dame noted that his office will start training various stakeholders to ensure its sound and efficient application.
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Attorney General and Minister of Jusstice, Godfred Yeboah Dame