Ghana Police Service Code of Ethics
0.1POLICING IN A DEMOCRACY, ETHICAL AND LEGAL CONDUCT(From Code of Conduct/Ethics for the Ghana Police Service)
Police officers shall at all times act impartially and in accordance with existing laws, which must be enforced on all persons without discrimination.
Police officers shall respect and protect human dignity, maintain and uphold rights of all persons.
Police officers shall perform their duties without partiality and discrimination to all persons.
Police officers shall treat all suspects as innocent persons, politely, respectfully and professionally
Police officers shall respect and uphold the rule of law.
Police officers shall ensure that they treat all persons in a courteous manner and that their conduct is exemplary and consistent with the demands of the profession and the public they serve.
1.GENERAL ASPECTS ON POLICE ROLE IN PRELIMINARY INVESTIGATIONS
1.1THE POLICE DUTY
1.1.1NECESSARY STEPS TO TAKE WHEN CRIMES ARE COMMITTED
If there are grounds to suspect that a crime has been committed, the police must take steps necessary:
To identify and arrest the perpetrator(s) of the crime;
To prevent the perpetrator or accomplice from absconding;
To detect and secure the clues to the crime and articles which might serve as evidence;
To gather all information that might be of use for the effective conduct of investigations and prosecution.
In order to perform the tasks referred to above (1.1.1), the police
May take the necessary information from persons;
May make necessary examination of vehicles, passengers and luggage;
May restrict movement in the specified area for the time this action is urgently necessary;
May take the necessary steps to establish the identity of persons and objects;
May organize a search to locate an individual or things being sought;
May make a search in the presence of a responsible individual of premises according to law;
Take other necessary steps and actions necessary to assist investigations.
1.2THE RIGHT TO REMAIN SILENT
In gathering information, the police must inform the suspect that he is not obliged to give any statement or reply to any kind or questions asked except questions regarding his identity and address.
2.ARREST–Criminal and Other Offences (Procedure) Act, 1960 (Act 30, Act 653)
2.1GENERAL –Service Instruction Number 166
A.It is the duty of all members of the Service to make themselves thoroughly familiar with their powers of arrest.
Normally, no arrest shall be made unless;
(a)The arrest is necessary to prevent a breach of the peace.
(b)There is reason to believe the suspect may abscond or may be difficult to trace.
(c)There is reason to believe that a further offence may be committed if the suspect is not arrested.
(d)The arrest is necessary for the immediate investigation of the alleged offence.
B.Premature arrest shall be avoided. Hasty arrests frequently hamper the investigation and ruin what might otherwise be a successful case. Further, it may cause embarrassment to the Police Command.
C.All officers of the Service should make themselves acquainted with the Judge’s Rules so that they may realize the effect a premature arrest may have on the investigation of cases.
2.2RIGHTS OF ARRESTED PERSON(S)
1)The right to be told in a language he understands, the offence committed leading to arrest.
2)The right to be told reason for restrain or detention
3)The right to be informed to remain silent
4)The right to be informed to consult a lawyer of his own choice
5)The right to be taken to a Police Station or any legitimate detention centre.
6)The right to be allowed to inform near relative of his arrest and location of his detention.
7)The right to be given an interpreter who can speak his language to facilitate process of enquiry.
8)The right to bail after 48 hours by Police or to be brought before a magistrate either for court bail or remand into Police or Prison custody.
9)The right not to be tortured coerced or humiliated
10)The right to be presumed innocent until found guilty.