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PUNISHMENT OF HABITUAL CRIMINALS
ACT, 1963 (ACT 192)
ARRANGEMENT OF SECTIONS
Section
1. Punishment of Habitual Criminal
Offenders.
2. Medical Examination of Offender
in Certain Cases.
3. Convictions by Circuit,
District and Local Courts.
4. Repeal and Transitional
Provision.
5. Construction of this Act.
THE HUNDRED AND NINETY-SECOND
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE PUNISHMENT OF HABITUAL
CRIMINALS ACT, 1963
AN ACT to provide for the
punishment of habitual criminal
offenders and for purposes
connected therewith.
DATE OF ASSENT: 9th October, 1963.
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
Section 1—Punishment of Habitual
Criminal Offenders.
(1) Where a person who is not less
than twenty years of age—
(a) is convicted of any offence
other than an offence for which he
is liable to suffer death; and
(b) has been convicted previously
of at least two offences, each of
which is either a felony or a
misdemeanor; and
(c) it appears to the High Court,
after enquiring into the
circumstances of the case, that by
reason of his criminal habits or
tendencies or of his association
with persons of bad character, it
is expedient for the protection of
the public that he should be
detained in custody for a
substantial period,
the Court shall, subject to the
next following section, pass (in
lieu of any other sentence) a
sentence of preventive custody
with productive hard labour for
such term, not being less than ten
years, as the Court may determine.
(2) In this Act the expression
"productive hard labour" has the
meaning assigned to it by the
Public Property (Protection) and
Corrupt Practices (Prevention)
Act, 1962 (Act 121).
Section 2—Medical Examination of
Offender in Certain Cases.
(1) Where in the case of any
offender to whom subsection (1) of
the foregoing section applies the
High Court has reason to believe
that his physical or mental
condition is such as to render him
unsuitable for a sentence of
preventive custody with productive
hard labour under that section,
the Court shall, before passing
such sentence—
(a) cause an enquiry to be held
into, and a written report to be
made on, the physical and mental
health of that offender by a
medical Board consisting of not
fewer than two suitably qualified
medical practitioners appointed by
the Court after consultation with
the Chief Administrator of the
Ministry of Health;
(b) consider the report of the
Board and take such further
medical evidence concerning the
offender as the Court thinks fit;
and
(c) furnish the offender or his
lawyer with a copy of the report.
(2) Where, having regard to such
report or further medical
evidence, or to any
representations made by or on
behalf of the offender, the Court
is satisfied that his physical or
mental health is such as to render
him unsuitable for a sentence of
preventive custody with productive
hard labour, but for no other
reason, the Court shall (in lieu
of such sentence) pass such other
sentence as is authorised by law
in relation to the offence of
which he is convicted.
Section 3—Convictions by Circuit,
District and Local Courts.
(1) Where the Court by which an
offender to whom paragraphs (a)
and (b) of subsection (1) of
section 1 of this Act apply is
convicted is a Circuit Court,
District Court or Local Court, the
Court shall not pass sentence upon
him but shall commit him for
sentence to the High Court, and
any enactment relating to the
powers of any Court upon committal
for trial shall apply, so far as
is relevant, to the committal for
sentence.
(2) Following such committal the
High Court shall have power to
deal with the offender as if he
had been convicted by that Court
of the offence (and, if the
offence is an indictable one, as
if he had been convicted on
indictment) and the conviction and
sentence shall be subject to
appeal as if he had been so
convicted.
Section 4—Repeal and Transitional
Provision.
(1) Section 402 of the Criminal
Procedure Code, 1960 (Act 30)
(which section relates to
preventive custody) is hereby
repealed.
(2) The repeal of the said section
402 shall not affect any case in
which, at the date of the passing
of this Act, enquiries are being
made under subsection (2) of the
said section; and any such case
shall continue to be dealt with by
the High Court as if this Act had
never been passed.
Section 5—Construction of this
Act.
This Act shall be read as one with
the said Criminal Procedure Code.
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