Juvenile Justice in Ghana, All You Need to know

Every day, throughout the world, children come before the courts for a variety of reasons: as victims or witnesses of a crime who have an essential testimony to give; because they are accused of committing a crime; and as subjects of proceedings relating to custody, guardianship, maintenance or adoption.

In most countries, the justice system has been designed primarily for adults.

The formality of procedures can be intimidating for children and prevent their full and effective participation in the system.

Children face the same obstacles that adults face in accessing the courts. Barriers include lack of legal awareness, the high cost of legal proceedings, and other legal and social obstacles due to their status as children. Most children lack adequate knowledge, education, maturity, and experience in dealing with public officials to articulate their needs and claim their rights. When children participate in judicial proceedings, they are often confused and intimidated by the formal court procedures and unable to express themselves effectively. These obstacles are compounded for vulnerable children such as children with disabilities, children from disadvantaged or low-income families, and children without parental care.

What is child-friendly justice system?

A child-friendly justice system is one that: ?. Treats children with dignity, respect, care, and fairness; ?. Is accessible, understandable and reliable; Facilitates children’s meaningful participation by adapting the court setting and procedures to be more sensitive to the child’s age, maturity and special needs; ?. Listens to children takes their views seriously and ensures that the interests of those who cannot express themselves (such as babies) are protected; ?. Adjusts its pace to children, providing a speedy resolution of issues and avoidance of delays; ?. Ensures that all decisions are guided by the child’s best interest, having regard to the child’s individual circumstances and needs.

Who is a juvenile?

The Juvenile Justice Act (JJA) defines a juvenile offender in Ghana as?someone between the ages of 12 and 18 who commits a crime. Psychologist Terrie Moffitt proposed two types of juvenile delinquents:?life-course-persistent and adolescence-limited offenders. The three classifications of children under the juvenile court jurisdiction include children who are neglected or abused, are unruly or commit status offenses, and are charged with serious crimes.

Ghana has a pluralist legal system

Ghana has a pluralist legal system combining British common law and customary law. Pursuant to the 1992 Constitution, the laws of Ghana are comprised of the Constitution; enactments of Parliament; orders, rules and regulations; and the common law, which includes customary law. The independence of the judiciary from the executive and legislative branches of government is constitutionally entrenched. The constitution also guarantees all people’s equality before the law and the freedom to enforce their rights in a court of law.

Since ratifying the Convention on the Rights of the Child in 1990, Ghana has made steady progress in promoting respect for the fundamental human rights of every child. It is therefore imperative that the entire justice system finds new ways to engage with them in a child friendly manner, to prevent secondary victimization. One of the key recommendations is to put in place a more child-sensitive environment for children who appear in court, particularly child victims of abuse.

As highlighted in the Guidance Note of the Secretary General on Justice for Children (2008), the following principles should guide all justice for children interventions, from policy development to direct work with children: 1) Ensuring that the best interests of the child is given primary consideration; 2) Guaranteeing fair and equal treatment of every child, free from all kinds of discrimination; 3) Advancing the right of the child to express his or her views freely and to be heard; 4) Protecting every child from abuse, exploitation and violence; 5) Treating every child with dignity and compassion; 6) Respecting legal guarantees and safeguards in all processes; 7) Preventing conflict with the law as a crucial element of any juvenile justice policy; 8) Using deprivation of liberty of children only as a measure of last resort and for the shortest appropriate period of time, and promoting alternatives to detention such as diversion and restorative justice; and 9) Mainstreaming children’s issues in all rule of law efforts.

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A variety of laws guides children’s access to justice

?The Juvenile Justice Act, 2003 (Act 653) regulates handling children in conflict with the law. It outlines special procedures for children's arrest, investigation, trial, and sentencing.

The Children Act, 1998 (Act 560), as amended by Act 937, guarantees children’s rights by the CRC and reinforces that the best interest of the child shall be the primary consideration by any court, person, institution, or other body in any matter concerned with a child. The Act outlines principles and procedures for dealing with children needing care and protection, fostering and adoption, and addressing disputes concerning parentage, child custody, access and maintenance.

?The Criminal Offences Act, 1960 (Act 29) penalizes all forms of violence against children, including child-specific offenses to causing harm to a child at birth; exposing a child to harm and negligently causing harm; kidnapping, abduction, child stealing and abandonment of an infant; and rape, defilement, carnal knowledge, indecent assault and child prostitution. Subsequent amendments strengthened provisions relating to the sexual exploitation of children3 and female genital mutilation.

The Criminal and Other Offences Act, 1960 (Act 30) outlines detailed procedures for the arrest and trial of adults charged with an offence, including methods for examining and cross-examining witnesses that apply equally to children and adults.

?The Courts Act, 1993 (Act 459): sets out the structure of the court system in Ghana and defines the respective scope of jurisdiction for the various levels within the court structure.

?The Persons with Disability Act, 2006 (Act 715) requires courts to consider the condition of a person with a disability and provide appropriate facilities.

The Alternative Dispute Resolution Act, 2010 (Act 798) regulates the process of mediating settlements in civil and minor criminal disputes.

The Human Trafficking Act, 2005 (Act 694) penalizes trafficking in persons and makes pro provides rescuing, rehabilitating, and reintegrating.

The Domestic Violence Act, 2007 (Act 732) defines and prohibits domestic violence (including violence against children), authorizes the court to issue protection orders, and includes special protections for victims during court proceedings.

The Ministry of Justice also operates a Legal Aid Scheme which provides legal services to the indigent under the Legal Aid Act, 1997 (Act 542). It undertakes public legal education, offers legal advice, assists clients in resolving disputes without litigation, and provides legal representation in criminal and civil matters to those who qualify.

The Ghana Police Service investigates all crimes and prosecutes cases before the District Courts and Circuit Courts, where required, with advice and direction from the Attorney General’s Office. It has established a Domestic Violence and Victim’s Support Unit (DOVVSU) with specialist officers to handle children’s cases.

The Department of Social Welfare under the Ministry of Gender, Children and Social Protection has social welfare officers and probation officers who sit as panel members on the Family Tribunals and Juvenile Courts and produce social inquiry reports for the courts.

The Commission on Human and Administrative Justice (CHRAJ) investigates complaints of fundamental rights violations, corruption, abuse of power, and unfair treatment. It handles many complaints involving children’s rights, including maintenance, neglect, abuse, abandonment, labour, paternity, forced marriage, custody, intestate benefits, refusal of medical treatment, and inhuman and degrading treatment.

Commonwealth Human Rights Initiative

One of the programme areas that the Commonwealth Human Rights Initiative (CHRI) runs is access to justice, a key area in the practical realization of human rights. The Africa office is working towards achieving a higher level of access to justice for all persons. This includes monitoring the accessibility of justice in terms of the functionality of the justice system, its accessibility, and especially observance of the right to a fair trial. CHRI has also endeavored to ensure the availability of legal assistance to guarantee the right to a fair trial, particularly to the less privileged‐ the indigent arrested and detained persons.

In conjunction with the Department of Social Welfare, UNICEF completed a study on juvenile justice in Ghana from 1993‐2003.

The Juvenile Justice Act was created in 2003. It outlines most aspects of the juvenile justice system in Ghana and establishes the Junior and Senior Correctional Centres.

Many aspects of the Act have gaps, and certain areas are not currently being followed by court and police officials.

The Children’s Act does not explicitly mention juvenile justice but ensures children’s rights as a whole.

The Welfare Principle confirms that the child’s best interest is most important in any situation. The Act specifically lays out the right to education, well‐being, and social activity, and these rights must be upheld even within the criminal justice system. The Act also states that the juvenile may not be subjected to cruel or inhumane treatment or punishment.

Institutions mandated to protect Juveniles delinquents

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Department of Social Welfare (DSW)

The Department of Social Welfare is statutorily mandated by the Children’s Act to oversee the administration of juvenile justice and the protection of children in general. The social workers who work within juvenile justice are employees of DSW. The Department also manages the remand homes and Junior Correctional Centers.

Ministry of Women and Children

The Ministry of Women and Children is mandated to ensure the “survival, protection, and development of the child.” Though UNICEF mentioned that the Ministry of Women and Children were theoretically involved with the policy aspect of juvenile justice, there is no evidence that they have any staff within the Ministry that works on issues relating to juvenile justice. The Ministry is split into different departments, one for women and one for children. There was not enough time to follow up with the specific Department of Children. Even if there is no particular contact for juvenile justice administration, finding a contact in the Department would be valuable in future research.

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Ministry of Interior

The Ministry of Interior is responsible for administering prison sentences for adults. They also run the Senior Correctional Centres across the country. These centers are mainly for “young offenders” between 18 and 21. However, juveniles under 18 are sometimes sent to the Senior Correctional Centre if they commit a serious crime.

Attorney General’s Office

The Attorney General’s Office is the main body for the prosecution of criminal acts for adults. If a juvenile under 18 has committed a severe offense, the case will be referred from the police station or Juvenile Court to the Attorney General’s office. They will prosecute the case. Unfortunately, we could not find a contact at this office, and further research is needed into the process of trying juveniles in adult court.

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Governmental Institutions For Juvenile Justice

Domestic Violence and Victim’s Support Unit (DOVVSU)

This is a police unit that was initially started as the Women and Juvenile Unit (WAJU). It has now shifted its focus to domestic violence. However, juvenile justice cases are often referred to by DOVVSU officials as these police officers are aware of the processes needed when a juvenile is arrested.

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Department of Social Welfare (DSW)

The Department of Social Welfare is statutorily mandated by the Children’s Act to oversee the administration of juvenile justice and the protection of children in general. The social workers who work within juvenile justice are employees of DSW. The Department also manages the remand homes and Junior Correctional Centres.

Ministry of Women and Children

The Ministry of Women and Children is mandated to ensure the “survival, protection, and development of the child.” Though UNICEF recognizes that the Ministry of Women and Children are theoretically involved with the policy aspect of juvenile justice, there is no evidence that they have any staff within the Ministry that works on issues relating to juvenile justice.

Ministry of Interior

The Ministry of Interior is responsible for administering prison sentences for adults. They also run the Senior Correctional Centres across the country. These centers are mainly for “young offenders” between 18 and 21. However, juveniles under 18 are sometimes sent to the Senior Correctional Centre if they commit a serious crime.

Attorney General’s Office

The Attorney General’s Office is the main body for the prosecution of criminal acts for adults. Suppose a juvenile under the age of 18 has committed a serious offense. In that case, the case will be referred from the police station or Juvenile Court to the Attorney General’s office. They will prosecute the case. Unfortunately, we were unable to find a contact at this office, and further research is needed into the process of trying juveniles in adult court.

Juvenile Justice Procedures

Arrest and Early Detention

When a juvenile is arrested, the first step for the police is to try to determine their age. If there is reason to believe that the accused is under 18, the accused must be dealt with differently than adult offenders.

The juvenile must not be kept in the same cell as an adult offender and must be taken to a remand home within 48 hours. A “Remand Custody” order is written by the police and given to the social workers at the remand home. This remand warrant can only be valid for 48 hours. The juvenile must be brought to court within that time, and a new warrant must be issued: a “Warrant on Commitment for Trial or Remand or Adjournment.” Contrary to the popular belief of police officers, the juvenile does not have to be brought to a specific Juvenile Court to get a remand warrant. They can go to any court.

Amount of time spent at the police cells: The Juvenile Justice Act mandates that a juvenile can only stay at the police station for a maximum of 48 hours. After this, they must be charged and brought to court. A study by CHRI showed that most juveniles lack lawyers and are placed with adult offenders.

?Bail

According to the Juvenile Justice Act (Section 21), bail should be granted as much as possible for juveniles. Such bail requests can be made when the juvenile first attend Juvenile Court. If Juvenile Court denies their request, a juvenile or his guardian may apply to the High Court. If bail is approved, a surety is often requested (though not required) from a parent or guardian to ensure that the juvenile will return to court. The fixed bail amount must not be unreasonable and would only be paid if the juvenile does not attend court.

?Remand

If bail is not approved, the juvenile is sent to the nearest remand home or remanded to a responsible guardian. However, most of the juveniles that have been studied were not remanded to the home of a parent or guardian. For the Accra region, the remand home is located in Osu for both female and male juveniles. The Department of Social Welfare manages the Girl’s Remand Home and the Boy’s Remand Home. Males and females are separated as is required by the Juvenile Justice Act (Section 23 – 7). Still, the two remand homes are located on the same compound along with the Girl’s Correctional Centre and the Shelter for Abused Children. The remand order can only be made for a maximum period of 7 days. After this time, the juvenile must be brought back to court and be present for the extension of the remand warrant. Usually, a new date is stamped on the back of the original warrant by the relevant Juvenile Court. The entire stay at the remand home must be less than three months. The police usually escort the juvenile to court, but the social workers occasionally attend with the juvenile for further research.

Legal Representation

According to the Juvenile Justice Act, the juvenile has a right to access legal advice (Section 11 – 1, Section 22). However, currently, there is no structure in place by the DSW or any other government body to ensure that a lawyer is representing juveniles in conflict with the law. There is a Legal Aid Scheme, but only approximately 5% of the cases they pursue are criminal cases, and very few of these criminal defendants are juveniles. The Legal Aid Scheme does not keep separate records for juveniles, nor do they have lawyers that specifically defend juveniles.

Lack of legal awareness

The juveniles are not aware of their legal rights. Most have not been told of their rights, including, but not limited to: the right to legal representation; that their case must be finished within 6 months; that they need to be brought to court every seven

days; and that they are only allowed to be at the police station for 48 hours.

Child Panels

Child Panels were mandated by the Children’s Act of 1998 (Sections 27‐32). Though they are supposed to handle cases of all types relating to juveniles, they have a specific mandate to assist in criminal matters. Child Panels are supposed to exist in each district and they are supported financially by the District Assembly. They are not to have a judicial role but can advise and mediate in situations where a juvenile is in conflict with the law. The Children’s Act mandates that certain members of the community must be on the Child Panel. They are supposed to meet as often as necessary, but at least every 3 months. The idea behind Child Panels in juvenile justice cases is that they provide the opportunity for the juvenile to be diverted from the criminal justice system before the juvenile goes to trial.

?Juvenile Court

While there is no structure for the Juvenile Court system in Ghana laid out by the Juvenile Justice Act, there are officially Juvenile Courts in most districts and in all 10 regions. In Accra, Juvenile Court is located at the Old Ministries. There is a specific room used every Thursday for Juvenile Court, as the Juvenile Justice Act mandates that Juvenile Court be kept separate from other court proceedings.

The Juvenile Courtroom is informal and does not look like a traditional courtroom.

This is done to ensure that proceedings are kept informal while professional. The judge does not wear the traditional robe she would in any adult court. As juvenile offenders must be treated differently by the law, these are ways that Juvenile Court is distinguished from any other adult court.

The same judge attends court weekly and runs several other courts around Accra. Proceedings start in the morning and end at midday, usually because the judge is due at Substantive Court later in the day.

At court, there are usually the following people present: the judge; two-panel members; the court clerk; the court social worker; the translator; the defense counsel; the police prosecutor; the police investigator; any witnesses; the complainant; the guardian or parent of the juvenile; and the juvenile. The panel members are present to advise the judge and to discuss the issue as a group. The judge is not bound by the opinion of either of the panel members but considers their views.

Juvenile Trial

As has been stated, Juvenile Court proceedings are usually kept informal. The complainant and accused will stand, and the translator will read the charge sheet in a language the accused can understand. A plea will be taken and recorded. If the accused pleads guilty, the judge will order the court social worker to prepare a Social Enquiry Report. The case is adjourned for two weeks so that the court can wait for the sentencing recommendation of the social worker. If the accused pleads not guilty, then a trial must begin. All relevant parties must be present for the trial to occur: the police prosecutor, the investigator, the complainant, any witnesses, and the accused and his lawyer. If these people are absent, the case will usually be adjourned until the following week. During the trial, the judge and panel members listen to evidence provided by the police prosecutor and their witnesses. One of the witnesses will be the complainant. The prosecutor will begin questioning, and then the accused’s lawyer will cross‐examine.

The judge discusses the matter openly with the prosecutor, defense counsel, and the two other panel members. According to the Juvenile Justice Act, the entire case cannot go beyond six months.

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