NOTIFICATION OF REASON FOR ARREST- Article 14 (2), 1992 Constitution
A Police Officer shall immediately inform the person arrested in a language that he understands
of the reason for his arrest and his right to a lawyer of his choice.
ARRESTS WITHOUT A WARRANT, Section 10
A Police Officer may arrest without a warrant any person who;
Commits an offence in his presence
Obstruct him in the execution of his duty
Escapes or attempt to escape from lawful custody
In possession of implements adopted or intended for use to unlawfully enter a building
and fails to give reasonable excuse for the possession of the implement.
In possession of a thing reasonably suspected to have been stolen
Or whom the Police Officer reasonably suspects to have committed or about to commit
an offence.
SEARCH OF ARRESTED PERSON, Section 8
A Police Officer shall search an arrested person and place in safe custody the articles
other than necessary wearing apparel found on him.
The search shall be made with strict decency and where a woman is to be searched, the
search shall be made by a woman.
ARRESTED PERSON TO BE TAKEN TO POLICE STATION, Section 9
A Police Officer making an arrest outside a Police Station shall immediately take the
arrested person to the Police Station.
AN ARRESTED PERSON IN POLICE CUSTODY
A Police Officer shall ensure the arrested person while in custody is given reasonable
facility for obtaining legal advice, taking steps to furnish bail where appropriate.
A Police Officer shall not torture or subject an arrested person or a detained person to
any form of cruel or degrading treatment.
A Police Officer shall ensure that convicted persons are detained separately from un-
convicted persons
A Police Officer shall ensure that juvenile offenders in lawful custody are kept separately
from adult offenders
A Police Officer shall ensure that an arrested, restricted or detained person is brought
before court within 48 hours after the arrest, restriction or detention.
ARREST OF PERSONS EMPLOYED ON EMERGENCY SERVICES -Service Instruction
Number 166
A Person engaged on emergency service in connection with;
(a) Electrical Power Stations
(b) Water Works
(c) Railways
(d) Recognised Health Institutions
(e) Fire Stations
shall NOT be arrested until the local head of department has been informed and has arranged for
him to be relieved. However, such person shall be kept under surveillance by the Police Officer
intending to effect the arrest to prevent escape.
ARREST OF MEMBERS OF EMBASSIES, HIGH COMMISSIONS AND OTHER
DIPLOMATIC MISSIONS-Service Instruction Number 166
Members of Embassies and High Commissioner’s offices shall only be arrested if it is absolutely
necessary to protect life or property or to prevent a breach of the peace. Meanwhile, the Foreign
Minister should be immediately informed. The Ambassador and other officials of the missions
have some immunity and should not be subjected to arrest –Geneva Convention.
ARREST OF NON-GHANAIANS -Service Instruction Number 166
Should a Non-Ghanaian whose country is represented by an Embassy or High Commission be
arrested on a criminal charge, detained at a Police Station on suspicion, or proceeded against by
means of a criminal summons, the facts shall be reported immediately to the District Commander
who shall inform the Director-General/CID immediately by wireless message or by telephone if
necessary, stating the brief facts of the case, and reporting to the Regional Commander that he
has done so.
ARREST OF MEMBERS OF GHANA ARMED FORCES AND OTHER SECURITY
SERVICES -Service Instruction Number 167 (The expression “Ghana Armed Forces”
includes the Ghana Navy, Army and Air Force)
Station Officers shall report to the District Commander, every case in which a member of the
Ghana Armed Forces or other Security Service is detained, arrested or is summoned before a
Court for any offence. The District Commander shall immediately inform the Officer
Commanding the arrested officer’s unit.
USE OF FORCE - Criminal and Other Offences (Procedure) Act 1960 (Act 30, Act 653)
POLICY
Police Officers shall use force when necessary in the execution of their legitimate duties.
Police Officers shall not use force more than is necessarily required to achieve the object of law
enforcement.
Police Officers shall only use force that is reasonable, necessary and proportional to the
resistance level of the offender.
JUSTIFICATION FOR USE OF FORCE
Police Officers shall use force;
(a)To defend themselves and others against imminent threat of death or serious injury.
(b)To prevent the commission of a serious crime.
(c) Against a person who resists arrest, fights, escapes or endeavours to escape from lawful
custody.
DEFINITONS
Resistance, for the purpose of this policy, is considered as any type of rejection of a legal order
from a Police Officer, issued to establish public peace and order, leaving the scene of an
accident, temporary limitation of movement, apprehending, detaining or depriving of freedom
a) Active resistance occurs when an individual resists by using a weapon, tools or other objects,
or physical force, and in this way prevents Police Officers from performing their official duties.
Inciting others to resist is also considered active resistance.
b) Passive resistance is determined when an individual disregards a legal order from a Police
Officer, or places himself in a position that prevents the officer from performing his duty.
Control is the verbal or physical actions of the Police Officer to direct or regulate the actions of
another person.
Attack is any direct attack;
a) That jeopardizes the life of a Police Officer;
b) On an individual or a building which is protected;
c) On individuals which is conducted with firearms, dangerous tools or other objects which can
endanger lives;
d) By two or more individuals when help cannot be expected;
e) An attack from a more physically built individual trained in martial arts.
DEESCALATION AND JUSTIFIABLE FORCE
DEESCALATION
THE DUTY TO DE-ESCALATE A TENSE SITUATION
Police Officers are required by duty to attempt to de-escalate a tense situation whenever
tactically possible.
THE POLICE OFFICERS RESPONSIBILITY
Should a Police Officer because of anger, arrogance, personal involvement, prejudice, hatred or
fear allow himself to escalate a situation to a higher degree of violence than otherwise necessary,
then the officer shares responsibility for the consequences.
JUSTIFIABLE FORCE
THE PRINCIPLE OF PROPORTIONALITY
Police Officers may use measures that are proportional
To the subject’s level of resistance;
To the seriousness of the offence;
To the officers need to control the resistance.
THREAT TO THE POLICE OFFICER
International standards recognize the vital role Police Officers play in the protection of
the right to life, liberty and the safety for all persons. The threat to the life and safety of
Police Officers must be seen as a threat to the stability of society as a whole, and officers
will use appropriate force to overcome such threats.
The Police Officer’s escalation of force will be proportional to the subject’s escalation of
resistance and/or violent actions toward the officer.
REQUIREMENTS TO BE MET WHEN JUSTIFIABLE FORCE IS USED
Police officers will ensure that the following requirements are met when justifiable force is used:
The force will be in proportion to the seriousness of the offence and the legitimate
objective to be achieved;
The force will be minimized to preserve human life;
Medical aid will be rendered to any injured or affected person (s) in need of assistance as
soon as possible;
Relatives or close friends of the injured or affected person will be notified.
SEARCH OF DWELLINGS, OTHER PREMISES AND PERSONS, Criminal and Other
Offences (procedure) Act 1960 (Act 30, Act 653)
SEARCHES WITHOUT A WARRANT, Section 93, 94
A Police Officer may search without warrant if he has reasonable cause to believe that a person
has concealed on himself or conveying;
an article which has been stolen or unlawfully obtained.
an article in respect of which a criminal offence has been, is being or is about to be
committed.
A Police Officer not below the rank of Assistant Superintendent of Police or who being below
the rank has been authorized in writing by an officer of the said rank may enter a house, shop,
warehouse, yard, boat, vessel or other premises which the Police Officer has reasonable cause to
believe contains property which has been stolen or obtained by unlawful means.
SEARCHES WITH A WARRANT, Section 88 (1)
Where a Police Officer has reasonable grounds to suspect that there is in a building, vessel or any
other premises;
a thing in respect of which an offence has been committed.
a thing which is intended to be used for the purpose of committing an offence.
a thing which has been unlawfully obtained.
a thing of which possession is unlawful; shall by evidence on oath, apply to a District
Magistrate for a search warrant to be issued for the conduct of a search.
DETENTION OF ARTICLES SEIZED, Section 91 (1)
A Police Officer shall bring before the Magistrate all articles seized under a search
warrant.
The Magistrate may detain or cause it to be detained, taking reasonable care that it is
preserved until the conclusion of the case.
