Due process in police-led prosecutions: Views of Ghanaian police prosecutors

Abstract

Criminal prosecutions led by police officers are integral to justice delivery in some common-law countries. The cooperation and participation of interested parties, particularly victims and witnesses, are important for successful prosecutions because most police prosecutors are not lawyers. Prosecutors adherence to due process when handling cases can secure parties’ willing cooperation and participation. However, is due processes followed during police-led prosecutions of criminal cases? This study uses interview data from police prosecutors to explore police-led prosecutions in Ghana. Results show that police prosecutors do not pay significant attention to pre-trial conferencing with disputed parties. In addition, prosecutors non-adherence to due process is aggravated by irregular training and professional development, inadequate professional competence, and lack of pre-trial procedural uniformity and clarity. Finally, the article discusses the implication of the results for theory and police prosecution policies.