Law of Thought Series: Episode 3 - Unlawful Arrest

Introduction

• Continuation from previous episode on the tort of assault.
• Focus on the tort of unlawful arrest in this episode.
• Discussion includes:
  • Elements of unlawful arrest
  • Difference between private and police arrests
  • Principles governing arrests with or without warrants

Unlawful Arrest

Definition

• Entitlement to freedom from physical restraint and movement.
• Unlawful arrest aims to secure these freedoms and rights.

Sources of Law

1. Common Law
2. Criminal Procedure Act 1960 (Act 30 as amended by NRCD 235)
3. Articles 14 and 21 of the Constitution of Ghana 1992

Common Law Principles (Linski vs. Christi)

1. Inform arrested individuals of the true ground of arrest.
2. Uninformed seizure without valid reason leads to liability for false imprisonment.
3. No requirement to inform if the person knows the nature of the alleged offense.
4. Substance over technical language in informing individuals.
5. Exceptions exist, such as counterattacks or fleeing.
6. Principles apply to private citizens and police officers.

Reasonable Suspicion

• Police: Can arrest on reasonable suspicion without proving offense committed.
• Private Individuals: Must prove offense was committed and belief in the accused's guilt.

Burden of Proof

• Arrester must prove reasonable and probable cause.
• Trespass continues until justification for custody is established.

Ghanaian Court Decisions

• Affirmation of principles through various cases:
  • Aanti vs. Republic: Elements for a lawful arrest.
  • Tando vs. U: Reaffirmation of requirements.
  • Inuma vs. FY Chum J: Liability for arrest by police.

Statutory Provisions (Act 30)

• Section 3-15: Details on arrest procedures, rights, and duties.
• Section 7: Requirement to inform arrestee of the reason for arrest.
• Section 14: Duty to hand over arrestee to police promptly.
• Section 15: Release requirement within 48 hours unless brought before a court.

Arrests Without Warrant

Police Officers

• Section 10: Circumstances allowing arrest without warrant.

Private Persons

• Section 12: Conditions for lawful arrest by private individuals.

Legal Decisions

• Leis and Co Ltd vs. Teams: Duty to bring arrested person to police/judge reasonably soon.

Conclusion

• Summary of the conditions and legal backing for lawful arrests.
• Preview of next episode on false imprisonment.

Remember to review Article 14 of the Constitution and the case of Martin K vs. Attorney General for further understanding of the 48-hour rule.