Section 7 of the Act says "A police officer shall respond to a request by a person for assistance with domestic violence and shall offer the protection that the circumstances of the case or the person who made the report requires, even when the person reporting is not the victim of the domestic violence."
The police are obliged to respond to a complaint of domestic violence when that complaint is filed. Complaints may be filed by a victim or someone with "information" (no mention of having to be an actual witness) of domestic violence.[2] Complaints need to be filed with the police in one of four locations: where the offender resides, where the victim resides (permanently or temporarily), where the domestic violence occurred or where the victim is residing temporarily after leaving his/her usual residence.
The police must interview all involved parties and witnesses and record the complaint in detail. They must also assist the victim in obtaining medical treatment where necessary and in finding a safe place to stay. This may also include providing protection for the retrieval of any required belongings.
The police may arrest a person for domestic violence with a warrant issued under the Act and without a warrant where: 1) police witness the domestic violence; 2) the person interferes with the police's "duties"; 3) the person escapes (or tries to) from police custody; 4) police have reasonable suspicion the person committed domestic violence; 5) police have reasonable suspicion the person is about to commit domestic violence and an arrest is the only way to prevent it; or 6) the police have reasonable cause to believe the person violated a protection order issued under the Act.
Any person who is the victim of domestic violence or who is representing a victim may apply to the courts for a protection order. It is not mandatory to involve a lawyer, but if this is done, then the lawyer may represent the victim in court proceedings.
No, not for a protection order to be issued. In some instances, the court may make a request for a social or psychological report to be done on any of the parties. This request has to be fulfilled by a professionally qualified person, either a social welfare officer or a clinical psychologist.
The Act does not go into detail on the type of proof required. This is perhaps because the Act only provides for criminal punishment under the Criminal Code of 1960 (Act 29) for acts that qualify as misdemeanors and carry a sentence of less than three years.
Any aggravated domestic violence comes under the Criminal Procedure Code of 1960 (Act 30), as this is a second-degree felony and carries a sentence of up to 10 years' imprisonment.
All criminal prosecutions are heard first in a district court where evidence must be presented to the judge by both parties before the judge makes a ruling. If a summary ruling is not possible, then the case is indicted for trial before a judge and jury.The Act does not discuss the requirements for evidence and documents, but it is implied that evidence will be required to convince the judge that an act of domestic violence occurred or is likely to happen. The Act also requires the police to "assist and advise the victim to preserve evidence" when responding to a complaint. In the event the court requires a medical report to substantiate injuries, many victims may have difficulty obtaining such a report due to the prohibitive cost.[3]
There is little in Ghana's Criminal Code about the standard of proof required.
Under Ghana's Constitution, "the Court must be convinced of the guilt of the accused beyond reasonable doubt" to convict a person of domestic violence.[4]Yes. Lunacy (insanity) and intoxication are two possible affirmative defenses available under the law.
Intoxication is an allowed affirmative defense, provided that the person committing the offense did not know that the action was wrong at the time and that the intoxication can be proven to have been caused willfully by another person without the defendant's consent, or that the intoxication caused temporary insanity at the time of the crime.
Affirmative defenses are listed in the Act, but there is no language suggesting defenses available under Ghana's Criminal Code are not applicable.
Under the Criminal Code of 1960 (Act 29) or the Criminal Procedure Code of 1960 (Act 30), where a prosecution is brought for a charge of domestic violence, either under negligent harm, a threat of harm or assault, all of which are classified as misdemeanors and carry a sentence of not more than three years, or under an intentional and unlawful harm which is a second degree felony, carrying a sentence of not more than 10 years.
No, intent is not included in the consideration of whether a person engages in domestic violence. However, if the crime charged is governed by Ghana's Criminal Code, it may have an intent requirement.[6]
The offense of intentional harm is defined as willfully and unlawfully causing harm to any person. This is a second-degree felony and the only part of the Criminal Code that could apply to domestic violence where willful intent is mentioned.There does not appear to be a criminal charge associated with false accusations. The Act does not prescribe any punishment for false accusations, and the Criminal Code appears to apply only to false accusations injuring the reputation of the State.[7]
If such accusations are found to be false in a court, then they are treated as if they were perjury. If they are made under a sworn oath, then they are treated as second-degree felony.
The law states that consent cannot justify domestic violence.[8]
The Criminal Code of 1960 (Act 29) does not specifically define consent, but it does contain provisions that define when consent is void, i.e., not given. These definitions are as follows:
- Consent is void if the person giving the consent is under 12 years of age, or in the case of an act involving a sexual offense, 16 years, or is, by reason of insanity or of immaturity, or of any other permanent or temporary incapability whether from intoxication or any other cause, unable to understand the nature or consequences of the act to which the consent is given.
- Consent is void if it is obtained by means of deceit or of duress.
- Consent is void if it is obtained by or under the exercise of an official, a parental, or any other authority, and the authority which is exercised otherwise than in good faith for the purposes for which it is allowed by law, is for the purposes of this section, a power unduly exercised.
- Consent given on behalf of a person by the parent, guardian of that person, or any other person authorized by law to give or refuse consent on behalf of that person, is void if it is not given in good faith for the benefit of the person on whose behalf it is given.
- Consent does not have effect if it is given by reason of a fundamental mistake of fact.
- Consent is, for the purposes of this section, obtained by means of deceit or duress, or of the undue exercise of authority, or to have been given by reason of a mistake of fact, if it would have been refused but for the deceit, duress, exercise of authority, or mistake.
- The exercise of authority, for the purposes of this section, is not limited to the exercise of authority by way of command, but includes influence or advice purporting to be used or given by virtue of an authority.
- A person shall not be prejudiced by the invalidity of a consent if that person did not know, and could not have known by the exercise of reasonable diligence, of the invalidity.
Thus, for the purposes of domestic violence, consent is deemed not to have been given if the person concerned is a child, or is intoxicated and incapable of understanding the consequences of what is being asked.
Consent obtained by duress (i.e., threat) is also classified as domestic violence.
No special defenses for domestic violence are listed in the Act. There is also no discussion of mitigating factors — likely due to the view that it is a summary offense. Under the Criminal Code of 1960 (Act 29), individuals may plead insanity (Section 27) or self-defense (Section 37).[9]
Under the Criminal Code, if the accused is certified as insane, then all charges are dropped. The same holds true if the accused is suffering from temporary insanity at the time of the crime.
We have not been able to find any legislation on this topic.
The Criminal Procedure Code of 1960 (Act 30) sets forth a provision for witness testimony but only for criminal trials and without specific reference to domestic violence offenses.
Please refer to section 5.4.1.
Please refer to section 5.4.1.
The Act provides only that these offenses are classified as misdemeanors under the Criminal Code of 1960 (Act 29), and will cover a maximum penalty of three years' imprisonment.
Any person who violates a civil protection order condition is liable for a fine of not less than five penalty units and not more than 500 penalty units, or to a term in prison of not less than a month and not more than two years, or to both.
Multiple violations of civil protection orders granted under the Act are subject to a fine of not less than 250 penalty units and not more than 1,000 penalty units, or to a term in prison of not more than three years, or to both.
There is nothing in the Criminal Procedure Code of 1960 (Act 30) that mandates the notification of victims when offenders are released.
When offenders are released on license, obligations are placed upon them to notify the police of their place of residence and to report to the police station nearest to their residence once each month.