#In the shadow of evil full#
#In the shadow of evil trial#

It is the right of every person to know his crime as alleged against him or her and be given the opportunity to make a full answer and defence to the allegations upon the establishment of prima facie case made against him or her by the State.

#In the shadow of evil trial#

However, the relationship we seek to make is that the idea of bail has in history, been a device for protecting personal liberty by seeking the release of a prisoner if an accused is charged with an offence or cautioned either before or during trial and in the extreme cases, after trial. This paper cannot exhaust all the history on habeas corpus as outstandingly presented by Professor Amanda. She again noted that Parliament made an effort to regulate the suspension clause in the Act to protect the liberty of the subjects. Individuals could be detained for years without trial and without criminal charges preferred against them on the suspension of the Act. Some of such crimes were high treason and treason. The usurpation of the KingвЂ™s power through legislation on whose behalf the writ of habeas corpus used to be granted at the common law did not go without a challenge from the King (Executive), Professor Amanda, however, noted that the Act came with its complications for the Act could be suspended depending on the suspected crime committed by the subject. Such an order was to demand the justification of such detention without trial. This was a form of restraint on executive detention without trial. Parliament of England passed the Habeas Corpus Act, which empowered the courts to order the subjects of the King detained without trial by the king himself.

Tyler Amanda writing on the history of Habeas Corpus noted that the writ of habeas corpus was a common law power exercised by the Kings Bench on behalf of the King and as a result, the writ could not be used to challenge the King when the King himself detains any of his subject without trial. (b) where a person is being held for extradition to a foreign country. (a) in a case of treason, subversion, murder, robbery, hijacking, piracy, rape and defilement or escape from lawful custody or. SECTION 96(7) of Act 30(A statutory provision) A court shall refuse to grant bail. (b) upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana, and who is not released, shall be brought before a court within forty-eight hours after the arrest, restriction or detention.ДЄRTICLE 14(4) Where a person arrested, restricted or detained under paragraph (a) or (b) of clause (3) of this article is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular, conditions reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.ДЄrticle 19 (2c) A person charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty. (a) for the purpose of bringing him before a court in execution of This is to show that before a personвЂ™s freedom is curtailed, there must be a source of authority grounding such curtailment other than that such an act is a mere exercise of power without authority of law.В Now we shall quote in extenso the following provisions of the 1992 Constitution that will stand as the heart of our analysis to show some circumstances under which a personвЂ™s liberty could be curtailed.ДЄRTICLE 14 (1) Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by law.ДЄRTICLE 14(3) A person who is arrested, restricted or detained вЂ“ It states that a personвЂ™s freedom is justifiably curtailed if Дў) The person is to be punished for contempt of courtДЈ) Upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana. It is for this reason that the constitution provides, among others, under article 14 (1), the following grounds on which to curtail a personвЂ™s liberty. Before a duty is imposed on a person, there ought to be a justification in Law or in the Law. This idea is one of the fundamental grounds of all deductive reasoning for the claim of right to freedom. The sphere of my legal liberty is that sphere of activity within which the law is content to leave me alone.вЂќ They are the things which I may do without being prevented by the law. They are the various forms assumed by the interest which I have in doing as I please. John Salmond wrote on liberty: вЂњlegal liberties are the benefits which I derive from the absence of legal duties imposed upon myself.