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Ghana

derekjustindenton

Updated: Feb 23


Rate of children in detention per 100,000: 6 (2023) https://data.unicef.org/resources/dataset/children-in-detention/


Age of Criminal Responsibility

Under Ghana’s Criminal Code (Amendment) Act 554 (2003) the age of criminal responsibility is 12 years.

 

Child Panels

The introduction of the Juvenile Justice Act (2003) introduction brought with it the establishment of innovative youth justice practices. The Act, for example, incorporated many rights for accused juveniles from the time of their arrest to discharge from custody and introduced diversion, based on the principles of restorative justice, as a formal option within the juvenile justice system and all in conformity with the applicable international standards, especially the Convention on the Rights of the Child.


The Juvenile Justice Act (2003) section 25, provides a legislative basis for diverting children away from the formal criminal justice system. The Ghana Children’s Act (1998) also supports the principle of diversion by requiring all local authorities (District Assemblies) to establish Child Panels to mediate criminal and civil matters  concerning children. Under the Ghana Child Rights Regulations 2002, the Police are required to refer all non-serious matter to the Child Panels for settlement. However, neither the Juvenile Justice Act (2003), the Children’s Act (1998) nor the Child Rights regulations (2002) provide guidance for the operations of Child Panels.

Child Panels are expected to have seven members consisting of the chairperson of the Social Services Subcommittee of a District Assembly; a member of a women’s organisation; a representative of the traditional council; the district social worker; a member of the Justice and Security Sub-Committee of the District Assembly; and two other members of the community of high moral standing.  Once appointed members of the child panel serve for 4 years.

Regional adoption of Child panels, however, has been inconsistent.

 

Detention

According to the Juvenile Justice Act (2003) a child below the age of 16 years cannot be detained for more than three months, while a child older than 16 years but below 18 years could be detained for up to six months.  There is provision in the Act (2003) for children a to be detained for up to 24 months if they commit a minor offence and up to 36 months for a serious offence (Section 46).


 
 
 

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