Due process in police-led prosecutions: Views of Ghanaian police prosecutors
| DOI | http://doi.org/10.1177/14613557221089562 |
| Published date | 01 December 2022 |
| Date | 01 December 2022 |
| Subject Matter | Original Research Articles |
Due process in police-led prosecutions:
Views of Ghanaian police prosecutors
Moses Agaawena Amagnya
(Instituteof Policing, School of Justice,Security and Sustainability,) StaffordshireUniversity, UK
Abstract
Criminal prosecutions led by police officers are integral to justice delivery in some common-law countries. The cooper-
ation and participation of interested parties, particularly victims and witnesses, are important for successful prosecutions
because most police prosecutors are not lawyers. Prosecutors adherence to due process when handling cases can secure
parties’willing cooperation and participation. However, is due processes followed during police-led prosecutions of crim-
inal cases? This study uses interview data from police prosecutors to explore police-led prosecutions in Ghana. Results
show that police prosecutors do not pay significant attention to pre-trial conferencing with disputed parties. In addition,
prosecutors non-adherence to due process is aggravated by irregular training and professional development, inadequate
professional competence, and lack of pre-trial procedural uniformity and clarity. Finally, the article discusses the implica-
tion of the results for theory and police prosecution policies.
Keywords
Police prosecution, police prosecutor, pre-trial conference, Ghana, due process, professional development, training
Submitted 11 Sep 2021, Revise received 23 Dec 2021, accepted 7 Mar 2022
Introduction
Lawyers employed by the state usually prosecute criminal
cases on behalf of countries or individuals who make crim-
inal complaints against others. However, in some common-
law jurisdictions, such as the United Kingdom (UK),
Australia, New Zealand, Ghana, Nigeria, Zambia, Kenya,
India, Malaysia, Singapore, and British colonies in the
Caribbean and Central America, police officers prosecute
misdemeanour cases (Alemika, 2009; Amagnya, 2011;
Appiahene-Gyamfi, 2009; Opolot, 2008). When police offi-
cers bring charges against a person, present evidence and
lead witnesses at trial, it is called police prosecution
(USLegal, 2011). Sworn police officers who prosecute crim-
inal cases arereferred to as police prosecutors.Despite police
prosecution beingvital to the delivery of justice in common-
law jurisdictions,some scholars have argued that it ischarac-
terised by challenges that hamper the delivery of justice
(Beck, 2006; Corns, 1999, 2000; Horwitz, 1998;
McGonigle, 1996). Notable concerns often raised include
prosecutors’exercise of discretionary powers, the absence
of sound and workable accountability mechanisms, and a
lack of requisite legal knowledge and skills for conducting
prosecutions (Abegunde, 2014; Archer Commission, 1997;
Beck, 2006; Corns, 2000; Horwitz, 1998).
Challenges to police prosecutions can be overcome
when litigants, witnesses and relatives willingly cooperate
and participate in prosecutions. Research has shown that
justice officials can secure people’s willing cooperation and
participation by adhering to due process (see Akinlabi,
2018; Murphy and Cherney, 2011; Tankebe et al., 2019;
Tyler, 2011; Tyler and Fagan, 2008; Tyler and Huo, 2002;
Corresponding author:
Moses Agaawena Amagnya, Institute of Policing, School of Justice, Security
and Sustainability, Staffordshire University, Stoke-on-Trent ST4 2RU, UK.
Email: moses.amagnya@staffs.ac.uk
Original Research Article
International Journal of
Police Science & Management
2022, Vol. 24(4) 369–381
© The Author(s) 2022
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DOI: 10.1177/14613557221089562
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