Creation of offences in Ghana case law.

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Power to create an offence

Criminal offences and the jurisdiction to try or enter into an enquiry of the same may only be created by substantive legislation and/or the Constitution. Consequently, having held that the Rules of Court Committee cannot enact substantive legislation which criminal offences and vests jurisdiction, we are of the considered view that Order 66 (3) of C.I. 47 cannot constitute a valid basis for the conduct of an enquiry into an offence of intermeddling and therefore occasions a nullity.

THE REPUBLIC V. HIGH COURT, COMMERCIAL DIV., EX PARTE YVONNE AMPONSAH BROBBEY [2024] SLR (SC) 8 · Supreme Court · 2024 · KULENDI JSC

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More in Criminal Law: Abetment Abortion Attempt Automatism Burden and standard of proof Causing financial loss to the State Conspiracy False pretences Forgery Homicide Insanity Intention Manslaughter Narcotic drugs Provocation Rape Repeal of an offence-creating enactment Self-defence Stealing

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