A Justice at the Court of Appeal ,Justice Dennis Adjei says it is a criminal offence for a police to take bribe or demand money for bail and therefore citizens can report such people to appropriate authorities.
Speaking with Israel Laryea on the Ghana Police Watch programme on GBC News, Justice Dennis Adjei indicated that the public must not be afraid of the Police but must ensure that the right thing is done as far as the police is concerned.
Justice Adjei noted that the law presumes an accused person to be innocent unless proven guilty hence they must not pay for bail.
“It is free and not permissible for any one to take money for granting bill. it is free of charge .if you take money as a precondition for the bail then you are saying the accused person is guilty.
He was quick to add that money taken for bail must refunded once ruling is completed .This is a clear position of the law on bail as stated in Article 14(4) of the 1992 Constitution of Ghana and Section 96 (1-6) of the Criminal Procedure Act (1960).
“The granting of bail is done at the discretion of the courts subject to the Criminal Procedure Code” Justice Adjei added.
Section 96 (7) of the Criminal Procedure Code states that a court shall refuse to grant bail
in a case of:
•rape and defilement; or
•escape from lawful custody.
Bail is the release of an arrested person on condition that the person will appear before the court
when required at a future date, and that they will abide by any restrictions imposed upon them.
By Victoria Soglo