Lawyer and lecturer, Bobby Banson has stated that the police do not have the legal authority to hold arrested individuals in custody for more than 48 hours.
According to him, the constitution stipulates that when the police arrest someone, they can only detain the person for a maximum of 48 hours without presenting them to court or granting bail.
Speaking on Newsfile on Saturday, October 5, Mr Banson explained that regardless of whether the 48-hour period falls on a weekday or weekend, the police must present the individual to court either for bail or for a remand hearing.
He stated, “Outside the 48 hours, the police does not have to keep any person who has been arrested for whatever reason or charges beyond the 48 hours.”
His comments follow public concern after the Ghana Police Service detained some Democracy Hub protesters for more than 48 hours during the recent anti-galamsey protest.
Civil society organisations and the protest conveners expressed alarm over the police’s conduct, describing it as an infringement of human rights.
On the back of this, Mr Banson said that once an individual is presented before the court, the court has the jurisdiction to either grant bail or remand the person pending trial.
He further added that the conditions of bail or any other legal matters would be determined and adjusted by the court.
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