A suspect in criminal law, is a person who is believed to have committed, is committing or about to commit a crime. He is someone under investigation for a possible crime. So a suspect is someone who has not been charged with an offence.
I witnessed how a man got annoyed with a police officer who called him a suspect at the police station. The man insisted he was not a suspect “officer I am not a suspect” he exclaimed. Another officer approached him and asked what was the cause of his frustration, he said “your colleague is calling me a suspect and I am not.” The officer asked him, who are you sir, an accused? The man innocently replied “yeah, accuse, accuse not suspect.” You see nobody is comfortable when it comes with having issues with the law especially crime. In some jurisdictions, suspects are called persons of interest.
Anyone can be a suspect in law if there are reasonable grounds to believe that he has committed, is committing or about to commit an offence. Such a person will be subjected to investigations to prove whether or not indeed he is culpable of the alleged offence or crime. Article 19(2)(c) of Ghana’s constitution states “ A person charged with criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty”. The burden of innocence is never on the accused person but he can raise doubt as to his guilt.
Once someone has been identified as a suspect of having committed, is committing or about to commit an offence, that person must be arrested. In Ghana arrest is governed by the 1992 constitution and the criminal procedure code, act 30 of 1960. The rights of the arrested person must also be respected. Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the circumstances stated in article 14(1)(a)-(g) of the 1992 constitution of Ghana.
Arrest can be made by a law-enforcing officer with or without warrant. A private person may also arrest a person who commits an offence in the presence of that private person. In effecting arrest, the arresting officer shall identify himself to the person to be arrested. He shall actually touch or confine the body of the person to be arrested unless there is submission. The arresting officer shall not presume that the person to be arrested knows him as a law enforcing officer but should disclose his identity by showing his appointment card especially plain clothes personnel.
The person to be arrested must be informed of the cause of his arrest. There are times an arresting officer may tell the person to be arrested that you let us go and when you get to the station you will be told. No that is a wrong practice, unless the suspect is arrested in the act of committing the offence, he must be told what constitutes his arrest.
There are situations where the complainant accompanies the arresting officer to identify the suspect, the officer still has the duty of informing the suspect why he is being arrested. The arresting officer should not presume that once the complainant is there, the suspect should know the cause of his arrest. The era of “master say make I bring you” is no more, the suspect must be adequately informed.
If the arrest is with warrant, the arresting officer shall read the content of the warrant to the person to be arrested in a language the person understands and if so required shall be shown the warrant. The arresting officer shall also inform the person arrested where he is being taken to, court or police station.
The arrested person should not be denied of his right to a legal counsel or a lawyer. He should be assisted to contact his lawyer. The suspect may be allowed also to contact his family members; this may be at the discretion of the investigating officer. Such request may be granted if it will not impede investigations. However, arrested person should not be denied of such opportunity as a form of punishment.
The arrested person should also not be subjected to torture or other cruel, inhumane or degrading treatment or punishment of any form. He should not be compelled to give out any information against his will. He has the right to remain silent.. It is incumbent on the law-enforcing agency to produce evidence beyond reasonable doubt to prove his guilt. No form of maltreatment should be used to elicit information from the suspect.
When the need arises to conduct search on persons arrested, it shall be made with strict decency. The right to search does not include examining private parts. Opposite sex should not search the other, thus a male should not search a female and vice versa.
A person arrested and detained shall be put before court within forty-eight hours or be released on bail. Detention should not be used as a punishment by the law enforcing authorities but it should be legitimate.
Dear suspect, you have rights but once an arresting officer has gone through all the legitimate arresting procedures with you, comply with his instructions and assist investigations. In enforcing the law, the rights of those who breach the law must also be respected.
By: Jonas Owusu Ohemeng
Development Communicator
Inspirational speaker
Security Analyst.
[email protected]
