What are my rights if the police arrest me in Ghana?

The Criminal and Other Offences (Procedure) Act sets out how an arrest must be made and what happens next.

• You must not be restrained more than is necessary to prevent your escape (section 6).
• The person arresting you must tell you the cause of the arrest, unless you are caught committing a crime or chased straight after escaping from custody. If they are acting under a warrant, they must tell you what it says and show it to you if you ask (section 7).
• You must be taken with all reasonable speed to a police station or other place for arrested persons, and told of the charge against you without delay (section 9).
• While in custody, you must be given reasonable facilities to get legal advice, take steps to arrange bail, and make arrangements for your defence or release (section 9).
• If you were arrested without a warrant, you must be released no later than 48 hours after the arrest unless you are brought before a court sooner (section 15(1)). You may be asked to sign a bond, with or without sureties, to appear at a court or police station (section 15(2)).
• A police officer may arrest without a warrant in the cases listed in section 10, including where the officer suspects on reasonable grounds that you have committed an offence.

A court may grant bail on a bond, with or without sureties, for you to appear at the time and place set (section 96(1)). The amount and conditions of bail must take account of the circumstances and must not be excessive or harsh, and bail must not be refused or withdrawn merely as a punishment (section 96(3) and (4)).

A court must refuse bail if it is satisfied that you may not appear for trial, may interfere with witnesses or evidence or hamper the investigation, may commit another offence on bail, or are charged with an offence punishable by more than six months' imprisonment that is said to have been committed while you were on bail (section 96(5)). It must also refuse bail in cases of treason, subversion, murder, robbery, hijacking, piracy, rape, defilement or escape from lawful custody, and where you are held for extradition (section 96(7)).

• Ask why you are being arrested and what the charge is.
• Ask to contact a lawyer or a family member so you can get legal advice and arrange bail.
• If bail set by a District Court or a police officer is too high, the High Court or a Circuit Court can admit you to bail or reduce it (section 96(2)).

A person arrested without a warrant must be released within 48 hours of the arrest unless brought before a court earlier (section 15(1)).