Facilitating Jury Trials: Prosecutors to file disclosures before arraignment of accused persons
By DL News
Published
2 min read
Speaking on the LAW program, Justice of the Court of Appeal, Afia Serwaa Asare-Botwe, announced that this new system, particularly in jury trials, will better inform accused persons, enabling them to determine whether to plead guilty or not...
The system where prosecutors present an accused person in court before disclosures are ordered will soon be a thing of the past.
Under a new directive set to be implemented, prosecutors will now be required to file their disclosures at the time of filing charges, even before the arraignment of the accused.
Speaking on the LAW program, Justice of the Court of Appeal, Afia Serwaa Asare-Botwe, announced that this new system, particularly in jury trials, will better inform accused persons, enabling them to determine whether to plead guilty or not.
“You know that we currently have three practice directions: the first on disclosures, the second on effective case completion strategies, and the third on jury trials. Another issue we are addressing is when the state should make disclosures. The practice of presenting an accused person and then ordering disclosures will soon be a thing of the past.
The new directive mandates that when charges are being filed, disclosures must also be filed before the arraignment. This way, if an accused person wishes to plead guilty, they will have enough information to make an informed decision,” Her Ladyship stated.
Caution to Judges, Lawyers, and Police Officers
She added that with the new jury trial system taking effect, officers of the court must eschew any form of indolence, as anyone found wanting will face the appropriate sanctions.
“We must inform judges and lawyers that now that we have involved the private sector, we cannot afford to be indolent or waste their time. Trials must be conducted day to day, from start to finish, before discharging those involved so that we can move forward efficiently.
Going forward this year, any police officer who fails to present an accused person or a witness for testimony will be liable to be reported to the appropriate authorities.
The same applies to lawyers. They will be held accountable under Regulation 98 of the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.I. 2423). Any lawyer who knows they are scheduled to be in court and fails to appear will face the consequences according to the law. Judges will also not be exempt from accountability,” she emphasized.
