Browsing by Author "Tufuor, Isodore Kwadwo"

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    Towards justice for self-represented accused persons in Ghana
    (University of Fort Hare, 2018-05) Tufuor, Isodore Kwadwo; Namakula, C.S.
    Self-representation in adversarial criminal proceedings raises concerns relating to procedural equality, fair trial and ultimately justice. The practice of self-representation is recognised as a legitimate means of accessing the court and is liberally allowed in countries adherent to the adversarial philosophy of adjudication. Generally, it operates as a liberty-right allowing accused persons to opt to represent themselves, if they so desire. Beyond this right-theory, it is also a procedural phenomenon influenced by socio-economic factors. By its operational design, the adversarial criminal trial envisages a legal contest, which fundamentally relies on legal representation and assistance to realise fully its values of procedural equality and fair trial. The governing legal framework of criminal prosecutions designed under international law and implemented in the Ghanaian domestic legal regime is chiefly premised on the assumption that the parties will be legally represented. Sparse attention is given to the suitability of the procedural and evidentiary frameworks of the adversarial criminal trial to proceedings involving self-represented accused persons. In practice, accused persons unskilled in the law are procedurally disadvantaged in adversarial proceedings, especially when compelled to navigate the complex and unfamiliar laws and procedures governing the trial, without legal assistance. This analytical research examines the concept and practice of self-representation in adversarial criminal proceedings in Ghana and assesses the legal system's disposition, to guarantee fair trial and access to justice for unrepresented accused persons. As a normative legal study, it evaluates the legal rules, principles and legal doctrines on self-representation within the framework of adversarial criminal proceedings. It also explores and develops legal prescriptions in addressing the practical procedural problems associated with trials without defence counsel. The findings of the study conclude that securing justice for self-represented accused persons in adversarial proceedings requires adapting the procedural legal framework to the values of procedural equality and trial fairness. This procedure in tum requires a number of legislative, judicial, institutional and policy interventions with the aim to safeguard the beneficial interests and rights generally enjoyed by accused persons acting with the assistance of counsel, for self-represented accused persons.