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Act 620
THE SIX
HUNDRED AND TWENTIETH
A
OF THE
PARLIAMENT OF THE REPUBLIC
OF GHANA
ENTITLED
THE
COURTS (AMENDMENT) ACT, 2002
AN ACT to
amend the Courts Act, 1993 (Act 459) to
abolish the Circuit Tribunals; to replace
the Community Tribunals with District
Courts; to clarify the provisions which
relate to offer of compensation or
restitution; to revise levels of
jurisdiction of the Circuit and District
Courts and to provide for purposes related
to these.
DATE
OF ASSENT: 13th April, 2002.
BE IT
ENACTED by Parliament as follows:
Section
11 of Act 459 amended
1.
The Courts Act, 1993 (Act 459) as amended
and referred to in this Act as the
"principal enactment" is further amended by
the substitution for subsections (3) and (4)
of section 11 of the following:
"(3)
The Court of Appeal shall also have
Jurisdiction
(a)
to hear appeals from any judgment of a
Circuit Court in a civil cause or matter;
and
(b)
in any matter in which jurisdiction is
conferred on the Court under any other
enactment.
(4) A
person aggrieved by a judgment of a Circuit
Court in a civil cause or matter may appeal
against the judgment to the Court of Appeal.
Section 15 of Act 459 amended
Jurisdiction of High Court.
2.
The principal enactment is amended by the
substitution for subsection (1) of section
15 of the following:
15.
(1) Subject to the provisions of the
Constitution, the High Court shall have-
(a)
an original jurisdiction in all matters;
(b)
appellate jurisdiction in a judgment of the
Circuit Court in the trial of a criminal
case;
(c)
appellate jurisdiction in any judgment of a
District Court or Juvenile Court;
(d)
jurisdiction to enforce the Fundamental
Human Rights and Freedoms guaranteed by the
Constitution; and
(e)
any other jurisdiction conferred by the
Constitution, this Act or any other
enactment.
Section 21 of Act 459 amended
Right
of appeal to the High Court.
3.
The
principal enactment is amended by the
substitution for section 21 of the
following:
21.
(1) The prosecution or a person convicted of
an offence in a criminal case, tried by a
Circuit Court or tried by a District or
Juvenile Court may appeal against the
judgment to the High Court.
(2) A person aggrieved by
any judgment of a District Court in a civil
matter may appeal against the judgment to
the High Court.
(3) A
person aggrieved by an interlocutory order
or decision
made or given by a District Court may appeal
against the decision or order to the High
Court with the leave of the District Court
or of the High Court and the High Court
shall have jurisdiction to hear and
determine the appeal.
(4) An appeal under this
section against a judgment of a Circuit,
District or a Juvenile Court, shall, subject
to any transfer directed by the Chief
Justice, be made to the Judge of the High
Court exercising jurisdiction over the area
of jurisdiction of the Circuit, District or
Juvenile Court.
(5) The
High Court shall not entertain any appeal
unless the appellant has fulfilled all
conditions imposed in that behalf by Rules
of Court."
Section 35 of Act 459 amended
4.
The principal enactment is amended by the
substitution for section 35 of the
following:
Offer of
compensation or restitution.
"
35. (1) Where a person is charged with an
offence before the High Court or a Regional
Tribunal, the commission of which has caused
economic loss, harm or damage to the State
or any State agency, the accused may inform
the prosecutor whether the accused admits
the offence and is willing to offer
compensation or make restitution and
reparation for the loss, harm or damage
caused.
(2) Where an accused makes an offer of
compensation or restitution and reparation,
the prosecutor shall consider if the offer
is acceptable to the prosecution.
(3) If the offer is not acceptable to the
prosecution the case before the Court shall
proceed.
(4) If the offer is acceptable to the
prosecution, the prosecutor shall in the
presence of the accused, inform the Court
which shall consider if the offer of
compensation or restitution and reparation
is satisfactory.
(5) Where the Court considers the offer to
be satisfactory, the Court shall accept a
plea of guilty from the accused and convict
the accused on his own plea, and in lieu of
passing sentence on the accused, make an
order for the accused to pay compensation or
make restitution and reparation.
(6) An order of the Court under subsection
(5) shall be subject to such conditions as
the Court may direct.
(7) Where a person convicted under this
section defaults in the payment of any money
required of the person under this section or
fails to fulfil any condition imposed by the
Court under subsection (6), any amount
outstanding shall become due and payable and
upon failure to make the payment, the Court
shall proceed to pass a custodial sentence
on the accused.
Part II
of Act 459 replaced
5.The
principal enactment is amended by the
substitution for Part 11 of the following:
"PART II
-LOWER COURTS
Establishment of lower courts.
39.
The following are by this Act established as
the lower courts of the country-
(a)
Circuit Courts;
(b) District
Courts;
(c) Juvenile
Courts;
(d) the
National House of Chiefs, Regional Houses of
Chiefs and every Traditional Council, in
respect of the jurisdiction of any such
House or Council to adjudicate over any
cause or matter affecting chieftaincy; and
(e) such
other lower courts as Parliament may by law
establish.
Sub-Part I- Circuit Courts
Circuit Courts and judges.
40.
(1) There
shall be established in each Region such
Circuit Courts as the Chief Justice may
determine.
(2) The Chief Justice shall specify the area
of jurisdiction of each Circuit Court.
(3) There shall be assigned for each Circuit
Court a Judge who shall be appointed,
subject to the approval of the President, by
the Chief Justice acting on the advice of
the Judicial Council.
(4) A
person shall not be appointed a Circuit
Court Judge unless he is of high moral
character and proven integrity and is of not
less than five years standing as a lawyer.
(5)
Every Circuit Court Judge shall exercise the
jurisdiction conferred upon him by this Act
or any other enactment for the time being in
force in respect of causes and matters
arising within his area of jurisdiction.
(6) A
Circuit Court shall hold its sittings at
such places and times as the Chief Justice
may direct.
(7)
Subject to any direction of the Chief
Justice, the sittings of a Circuit Court
shall be held at such places and times as
the Circuit Court Judge may think fit.
Superior Court Judge to sit as Circuit Court
Judge.
41.
Without prejudice to subsection (3) of
section 40, the Chief Justice, or any
Justice of the Superior Court of Judicature
- nominated by the Chief Justice may sit as
a Circuit Court Judge.
Jurisdiction of Circuit Courts civil in
matters.
42.
(1) The civil jurisdiction of a Circuit
Court consists of the following-
(a)
original jurisdiction in civil matters-
(i)
in personal actions arising under contract
or tort or for the recovery of any
liquidated sum, where the amount claimed is
not more than (100 million;
(ii)
in actions between landlord and tenant for
the possession of land claimed under lease
and refused to be delivered up;
(iii)
in causes and matters involving the
ownership, possession, occupation of or
title to land;
(iv) to guardians of infants and to make
orders for the custody of infants;
(v) to grant in any action instituted in
the Court, injunctions or orders to stay
waste, or alienation or for the detention
and preservation of any property the subject
matter of that action or to restrain
breaches of contract or the commission of
any tort;
(vi) in claims of relief by way of
interpleader in respect of land or other
property attached in execution of an order
made by a Circuit Court;
(vii) in applications for the grant of
probate or letters of administration in
respect of the estate of a deceased person,
and in causes and matters relating to
succession to property of a deceased person,
who had at the time of his death a fixed
place of abode within the area of
jurisdiction of the Circuit Court and the
value of the estate or property in question
does not exceed (100 million; and
(b)
any other
jurisdiction conferred by this Act or any
other enactment.
(2)
Where there is a dispute as to whether or
not any amount claimed or the value of any
property in any action, cause or matter is
in excess of the amount or value specified
in subsection (1) of this section in
relation to that action, cause or matter,
the Circuit Court in question shall call
evidence as to the said amount or value and
if it finds that it exceeds the amount or
value specified in subsection (1) it shall
transfer the case to the High Court.
(3)
Where the amount claimed or the value of any
property exceeds the amount or value
specified in subsection (1) of this section
the Circuit Court shall, notwithstanding
that subsection, proceed to hear the case if
the parties agree that it should do so.
(4) The
Attorney-General may by legislative
instrument amend the amount or value
specified in subsection (1) of this section
Criminal jurisdiction of Circuit Court.
43.
A Circuit Court has original jurisdiction in
all criminal matters other than treason,
offences triable on indictment ad offences
punishable by death.
Appeals
from Circuit Courts.
44.
(1) A person aggrieved by a judgment of a
Circuit Court in any civil action
may, subject to this Act and Rules of Court,
appeal to the Court of Appeal against the
judgment.
(2) A person aggrieved by a judgment of a
Circuit Court in criminal trial may, subject
to this Act and Rules of Court, appeal to
the High Court.
Sub-Part
II-District Courts
Establishment of District Courts.
45.
(1) There shall be in each District of the
country such District Courts as the Chief
Justice may determine.
(2)
There shall be assigned to each District
Court, a Magistrate who shall be appointed,
subject to the approval of the President, by
the Chief Justice on the advice of the
Judicial Council.
(3)
The Chief Justice shall specify the area of
jurisdiction of each District Court.
Qualification of a Magistrate and sitting of
the District Court.
46.
(1) A person does not qualify to be
appointed Magistrate of a District Court
unless he is of high moral character and
proven integrity and is a lawyer of not less
than three years standing.
(2) The
Chief Justice, any Justice of the Superior
Court of Judicature or a Circuit Court Judge
nominated by the Chief Justice may sit as a
Magistrate of any District Court.
(3)
Sittings of a District Court shall be held
at such places and times as the Chief
Justice may direct.
(4)
Subject to any such directions, the sittings
may be held at such places and times as the
Magistrate thinks appropriate.
Civil
jurisdiction of District Courts.
47.
(1) A District Court shall within the area
of its jurisdiction have civil jurisdiction
in the following matters-
(a)
in personal actions arising under contract
or tort for the recovery of any liquidated
sum where the amount claimed does not exceed
50 million;
(b)
to grant in any action instituted in the
District Court injunctions or orders to stay
waste or alienation or for the detention and
preservation of any property the subject
matter of that action, or restrain breaches
of contracts or the commission of any tort;
(c) in
claims for relief by way of interpleader in
respect of land or other property attached
in execution of a decree made by the
District Court;
(d) in
civil causes or matters relating to the
landlord and tenant of any premises or any
person interested in such premises as
required or authorised by any law relating
to landlord and tenant;
(e)
in actions relating to ownership, possession
or occupation of land where the value of the
land does not exceed
Ë50
million;
(f) in divorce and other matrimonial
causes or matters and actions for paternity
and custody of children;
(g)
in applications for the grant of probate or
letters of administration in respect of the
estate of a deceased person, and in causes
and matters relating to succession to
property of a deceased person, who had at
the time of his death a fixed place of abode
within the area of jurisdiction of the
District Court and the value of the estate
or property in question does not exceed
Ë50
million; and
(h)
hear and determine charges and dispose of
other matters affecting juveniles that is
persons under the age of eighteen.
(2) Where
there is dispute as to whether or not any
amount claimed or the value of any land or
property in any action, cause or matter is
in excess of the amount or value specified
in subsection (1) of this section in
relation to that action, cause or matter the
District Court in question shall call
evidence as to the said amount or value and
if it finds that it exceeds the amount or
value specified in subsection (1) it shall,
subject to the powers of transfer of the
Chief Justice, transfer the case to a
Circuit Court.
(3) Where in any action, cause or matter
the amount claimed or the value of any land
or property exceeds the amount or value
specified in subsection (1), the District
Court shall notwithstanding that sub
section, proceed to hear the case if the
parties agree that it should do so.
(4) The Attorney-General may by
legislative instrument amend the amount or
value specified in subsection (1) of this
section.
Jurisdiction of District Court in criminal
matters.
48.
(1) In criminal matters a District Court has
jurisdiction to try summarily--
(a)
an
offence punishable by a fine not exceeding
500 penalty units or imprisonment for a term
not exceeding 2 years or both;
(b)
any other offence (except an offence
punishable by death or by imprisonment for
life or an offence declared by any enactment
to be a first degree felony) if the
Attorney-General is of the opinion that
having regard to the nature of the offence,
the absence of circumstances which would
render the offence of a grave or serious
character and all other circumstances of the
case, the case is suitable to be tried
summarily;
(c)
an attempt to commit an offence to which
paragraph (a) or (b) of this
subsection applies;
(d)
abetment of or conspiracy in respect of any
such offence.
(2)
Subject to the other provisions of this
section, a District Court shall in the
exercise of its jurisdiction in
criminal matters not impose a term of
imprisonment exceeding 2 years or a fine
exceeding 500 penalty units or both.
(3)
A District Court does not have jurisdiction
to try an offence under paragraph (b),
(c) or (d) of subsection (1)where the
enactment creating the offence has
prescribed in relation to the offence a
minimum penalty that exceeds the penalty
permitted to be imposed by a District Court
under subsection (2).
(4)
Where under any enactment increased
punishment may be imposed upon any person
previously convicted of a crime, a District
Court may impose the increased punishment,
or twice the maximum punishment prescribed
by subsection (2) Whichever
is the lesser.
(5)
The Attorney-General may by legislative
instrument amend the amount or value
specified in subsections (1) and (2) of this
section.
Juvenile
Courts.
49.
(1) The Chief Justice may designate any
District Court as a Juvenile Court.
(2)
A Juvenile Court shall be composed of the
Magistrate of the District Court as the
presiding person and two other persons one
of whom shall be a Social Welfare Officer
and the other, a person of not less than 25
years both of whom shall be appointed by the
Chief Justice on the recommendation of the
Director of Social Welfare.
(3) A Juvenile Court has power to hear and
determine any matter civil or criminal that
involves a person under the age of eighteen
and shall for that purpose have and exercise
all the powers of a District Court.
Jurisdiction of District Court under the
Children's Act.
50.
A District Court also has jurisdiction to
hear and determine any action that arises
under the Children's Act, 1998 (Act 560) and
shall for the purposes of that enactment be
the Family Tribunal and exercise the powers
conferred on a Family Tribunal under that
Act and any other enactment.
General powers of District Courts.
51.
(1) Every District Court shall in addition
to the jurisdiction by this Act, have such
other functions as conferred may be
conferred or imposed on it by any other
enactment.
(2)
Every Magistrate may administer oaths, take
solemn affirmations and declarations, make
such decrees and orders, issue such process
and exercise such powers, judicial and
ministerial in relation to the
administration of justice as are prescribed
by any enactment, Rules of Court, or special
order of the District Court.
(3)
A writ of summons for the. Commencement of
any action in the High Court or a Circuit
Court may, without prejudice to any power
conferred on the High Court or a Circuit
Court by any other provision of this Act or
Rules of Court, be filed with any District
Court and it shall be the duty of the
District Court with which the writ is filed
to transmit the writ immediately to the High
Court or Circuit Court at which the action
in respect of which the writ is filed is to
be determined.
(4) No act done by or under the authority of
a Magistrate shall be void or impeachable by
reason only that the act was done, or that
any act, offence, or matter in respect of or
in relation to which the act was done,
occurred beyond the limits of the district
or area for which the Magistrate was
appointed.
(5)
Where in any proceedings before a District
Court a defendant raises an objection to the
jurisdiction of the Court, which might but
for this section have been valid, if-
(a)
in a civil case, the objection is raised at
a time before the plaintiff calls his first
witness in support of his claim; or
(b)
in a criminal case, the objection is raised
at or before the time when the defendant is
required to plead to the charge, the
Magistrate shall consider the objection, and
if it appears to the Magistrate that there
is prima facie proof of the objection
, the Magistrate shall, in a civil case
report the matter to the High Court and in a
criminal case, report the matter to the
Circuit Court, and the High Court or Circuit
Court shall as the case may be, direct where
the matter shall be heard and determined.
(6) Every Magistrate shall, when required by
a court, execute any order or process
issuing from the District court and shall
take security from any person named in the
order or process for his appearance in the
court, and shall, in default send the person
to the place named in the order or process.
Monthly lists to be sent to High Court and
power of High Court to revise decision of
Magistrates.
52.
(1) At the end o f every month, every
Magistrate shall forward to the High Court
for the time being exercising jurisdiction
over the District, a complete list of all
criminal cases decided by or brought before
the Magistrate during that month, setting
out the name of the accused, the offence
with which he was charged, and the date of
conviction and he sentence, or of acquittal
or discharge, as the case may be, and in
every case the order of the Magistrate in
full
(2)
Upon receipt of the list referred to in
subsection (1) of this section the High
Court Judge may, if he thinks fit, call for
a copy of the record of any case included in
the list and, either without seeing the
record or after seeing it, and either
without hearing argument or after hearing
argument, may-
(a)
Subject to any enactment fixing a minimum
penalty, vary the sentence or impose such
other sentence warranted in law by the
verdict which the District Court could have
imposed in substitution for the sentence
imposed as the Judge thinks ought to have
been imposed;
(b)
Subject to any enactment requiring a
particular order to be made, set aside an
order or modify an order in such form as the
Judge thinks fit;
(c)
set aside the conviction, in which case the
person if under detention shall be
immediately released from detention, and any
fine already paid shall be refunded to the
person fined, and any security given shall
be released;
(d)
set aside the acquittal, record a conviction
and impose any sentence which the District
Court could have imposed;
(e)
set aside the conviction or acquittal and
order a new trial or a preliminary enquiry
before the District Court which made the
conviction or acquittal or before any other
District Court;
(f) order
further evidence to be taken either
generally or on some particular point by the
District Court which passed the sentence or
which ordered the acquittal or by any other
District Court and order in the meantime any
person who has been convicted and imprisoned
to be released on bail with surety or on his
own recgnisance; or
(g)
make such other order as interest of justice
may require, and give all necessary and
consequential directions.
(3) Upon
the receipt of the list referred to in
subsection
(1) of
this section, if the High Court is of the
view that a conviction for another offence
ought to have been imposed or that the
accused was guilty of the act charged, but
was insane so as not to be responsible for
his action at the time when he did the act,
the High Court shall set aside the
conviction and send back the case for
rehearing by the appropriate District Court,
subject to such directions as the Judge may
think fit and the Judge shall further inform
the prosecution and the defence that he has
so directed.
(4)
When a person convicted has appealed against
the conviction, or has applied for a case to
be stated by the District Court under
subsection (6) of section 100 of this Act,
the Judge shall not exercise jurisdiction
under this section in relation to the case
to which the appeal or application relates.
(5)
When action on the list as provided in
subsection
(1)
is complete or if the Judge decides to take
no such action, the Judge shall direct that
the list be filed; but the direction shall
not have the effect of preventing the Judge
from subsequently taking any action
prescribed in that subsection if he thinks
fit.
(6)
Three months after the last day of the month
to which the list relates the Judge shall
become functus officio in respect of all
cases on the list in respect of which no
action has been taken.
(7)
Proceedings under this section may be taken
by the Judge on his own motion or on the
petition of any person interested praying
for the exercise of the revisional powers of
the Judge and the powers may be exercised
notwithstanding that the monthly list has
not been transmitted to or received by the
Judge.
Magistrate
subject to the directions of High Court
53, (1)
Every Magistrate is subject to the orders
and directions of the High Court as any
other officer of the Court.
(2)
The Judge of the High Court for the time
being exercising jurisdiction over the
District may, whenever he thinks fit,
require the Magistrate of the District Court
to render to the High Court in such form as
the Court directs a report of any case which
may be brought before the Magistrate.
(3) The
Chief Justice may also exercise the
jurisdiction and functions conferred by
section 52 and subsection (2) of this
section on the High Court and may give
directions as to the Judge by whom and the
manner in which the jurisdiction and the
functions are to be exercised in any
particular case or class of cases.
Section 115 of Act 459 amended
6.
The
principal enactment is amended in section
115 by the repeat of subsections (4) to (11)
and the insertion of the following
subsections:
(4) The Circuit Court provided for under
this Act shall be the successor to the
Circuit Court in existence immediately
before the coming into force of this Act and
shall have and exercise the jurisdiction
conferred on the Circuit Court under this
Act.
(5) The Circuit Tribunals in existence
immediately before the coming into force of
this Act are abolished.
(6) Any criminal case pending before a
Circuit Tribunal immediately before the
coming into force of this Act, is by this
Act transferred to the Circuit Court with
jurisdiction for the trial and where the
case is part-heard, the Circuit Court shall
try the case de novo unless the
parties agree that the Court adopts the
proceedings.
(7) The Community Tribunals in existence
immediately before the coming into force of
this Act are abolished.
(8) Any civil or criminal case pending
before a Community Tribunal immediately
before the coming into force of this Act is
transferred to the relevant District Court
for hearing and determination and where the
case is part-heard, the case shall be heard
de novo by the District Court unless
the parties agree that the Court adopts the
proceedings.
(9) For the purposes of subsections (6) and
(8) a case pending include any proceedings
or case before the court or tribunal, partly
heard or mentioned, and recorded by the
court or tribunal, and proceedings or case,
the documents in respect of which have been
filed in the registry of the court or
tribunal before the coming into force of
this Act.
(10) A reference in any enactment, Rules of
Court or any other document in force or in
existence immediately before the coming into
force of this Act to a Circuit Tribunal or
Community Tribunal shall upon the coming
into force of this Act be read and construed
as a reference to the Circuit Court or
District Court respectively specified for
under this Act.
(11) A reference in any enactment, Rules of
Court or other document in force immediately
before the coming into force of this Act to
a Chairman of a Circuit Tribunal or a
Chairman of a Community Tribunal, shall upon
the coming into force of this Act be read
and construed as a reference to a Circuit
Court Judge or District Court Magistrate
respectively.
Other
amendments to Act 459 and revision upwards
of specific penalties in Act 459
7.
The sections of the principal enactment
specified in column I of the Schedule to
this Act are amended to the extent indicated
correspondingly in column 2 of the Schedule.
Repeal
and saving
8.
(1) The Courts (Amendment) Act,
1993 (Act 464) is repealed.
(2) Section 24(3), (4), (5) and (6)
and section 101 (3) of the principal
enactment are repealed.
(3)
Lawyers holding office as Chairmen of
Circuit Tribunals and Community Tribunals
immediately before the commencement of this
Act shall on the coming into force of this
Act, hold office as Circuit Court Judges or
District Court Magistrates respectively.
(4) The
provisions of this Act shall apply
notwithstanding anything to the contrary in
the principal enactment or any other
enactment.
Commencement
9. This Act shall come into force
on such date as the Attorney-General and
Minister for Justice may in consultation
with the Chief Justice by executive
instrument specify.
EXECUTIVE
INSTRUMENTE.
E.I. 33
COURTS
(AMENDMENT) ACT (COMMENCEMENT)
INSTUMENT, 2002
IN
exercise of the powers conferred on the
Attorney-General and Minister for Justice
under section 9 of the Courts (Amendment)
Act 2002 (Act 620) and in consultation with
the Chief Justice,
This
instrument is made this 5th
day of November 2002
Commencement of Act 620
The Courts (Amendment) Act 2002 (Act 620)
shall come Into force on the 1st
day of December, 2002
NANA ADDO-DANKWA AKUFO-ADDO M.P
Attorney- General
and minister for justice
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