H. Private prison practitioner, Lawyer David Agyekum has shed mild on what the regulation says approximately the arrest and coping with of mentally risky folks who dedicate crook offenses.
This comes at the again of a current case of homicide devoted with the aid of using a mentally risky girl on the Kwame Nkrumah Circle on August 1.
Audio and video info from an eyewitness indicated that the girl used a massive stone to homicide the but-to-be-diagnosed guy in his sleep after an in advance altercation among the two.
She has seeing that been taken away with the aid of using the police who arrived rapidly after the incident in a police pickup truck.
Giving a few prison schooling approximately what the regulation says approximately prosecution or prison coping with of such folks, Lawyer Agyekum, in an interview with GhanaWeb, defined that the crook technique act, specifically, phase 33, of the Criminal and Other Offences Act 30, makes provisions for the safety, protection, and wellness of such folks.
In such times he defined, the nation does its clinical investigations to examine the fitness situations of the individual, and next moves are taken.
“With regards to the important regulation, folks which might be laid low with lunacy, can't be convicted for against the law and this is due to the fact they may be deemed now no longer so as to admire the character and effects in their moves and so madness is a protection in regulation that the protection can boost to exonerate the accused individual from jail
“When you have a take a observe the crook technique act, specifically, phase 33, of the Criminal and Other Offences Act 30, it affords for a way someone who suffers from lunacy or is mentally risky need to be treated with the aid of using the courtroom docket and that precise provision affords that for the courtroom docket to decide whether or not or now no longer the accused individual is laid low with lunacy or madness,” Lawyer Agyekum noted.
Below is an in depth rationalization of the way the regulation offers with mentally risky folks who dedicate crook offenses:
- The courtroom docket will must make an order for the appointment of an professional and so health workers could must be appointed with the aid of using the courts for them to have a take a observe the individual to decide if certainly the individual is mentally risky or now no longer and this is going to tell the courtroom docket as to whether or not or now no longer the individual could be capable of stand trial.
- Once the document is completed, a clinical professional could must mount the witness container and smooth the courtroom docket evidence
- If the courtroom docket is happy that certainly the individual is mentally risky, the courtroom docket goes to report that formally.
- The courtroom docket may also decide whether or not the accused individual is eligible for bail. In Ghana, all crimes are bailable now, primarily based totally on one Martin Kpebu and Attorney General and so the courtroom docket will must don't forget whether or not the accused individual can be given bail and so the courtroom docket will generally make an order for her to be stored in secure custody due to the fact the courtroom docket wouldn’t need a scenario in which the individual can be launched and she or he goes to motive damage to some other individual and generally they may be stored in intellectual asylums or psychiatric hospitals.
- The courtroom docket will must publish its findings to the Attorney General who's the Minister of Justice and upon receiving the document, the Attorney General will difficulty a warrant signed at once with the aid of using him and directing the courtroom docket to restrict the individual to the lunatic asylum.
- The accused individual can be declared a crook lunatic.
- After that, the accused can be subjected to periodic commentary till the clinical experts shape an opinion that she can be capable of stand trial and so in the event that they later decide that, they could carry her again to courtroom docket and the trial will proceed.
- Insanity below the important regulation is a protection and what which means is that, if the courtroom docket unearths out that the individual is certainly insane, the courtroom docket goes to exonerate her from bail, and this is due to the fact she lacks the considered necessary intellectual potential so as to admire the effects of her moves.
Background:
The unnamed eyewitness defined that the girl who became recognised for generally pelting stones at shifting motors at the stretch were given into an alternate with the deceased who attempted to forestall her from persevering with the act with the aid of using additionally pelting stones in an try and get her farfar from the scene.
This went on for some time till the deceased left to head and attend to different things, and lower back to sleep at the pavement and that’s while the mentally risky girl took the possibility to revenge.
When contacted, the Ghana Police Service stated that it became but to verify the incident.
However, info imply that the police later apprehended the girl after a mob had threatened to lynch her.