Introduction to the Police Service of Ghana

Introduction:

This note will briefly discuss the establishment of a police service and the functions and powers of the police service.

Establishment of the Police Service:

In Article 190(1)(a) of the 1992 Constitution, the police service is recognized as forming part of the public services of Ghana.

In Article 200(1) and (2) of the 1992 Constitution, the police service is established as follows:

1. There shall be a Police Service of Ghana.

2. No person or authority shall raise any police service except by or under the authority of an Act of Parliament.

Functions of the Police Service:

In Article 200(3) of the 1992 Constitution, the police is given the traditional function of maintaining law and order. The provision reads:

The Police Service shall be equipped and maintained to perform its traditional role of maintaining law and order.

Further, in Section 1(1) of the Police Service Act, 1970 (Act 350) , it is provided that the police has a duty to prevent crime, apprehend offenders, and maintain public order and safety of all persons and property.

From the above, the functions of the police may be summarized as follows:

1. Maintain law and order.

2. Maintain the safety of all persons and property.

3. Prevent and detect crime.

4. Apprehend offenders.

It is, however, not the function of the police to act as debt collectors. In the case of Hemans v. Cofie [1997-98] 1 GLR 144 , the court held that:

If one obtains goods on credit and defaults in paying, or receives money from people to do some work but fails to do the work, the default in each case amounts to a breach of the contract, the remedy of which lies in the civil courts and not the police station. Neither situation amounts to fraud.

…

We do not know of any law which reduces the police to debt-collectors instead of protectors of the life and property of the citizenry.

Powers of the Police:

To enable the police perform its functions, it has been given several powers. Below are a summary of such powers:

1. Power to arrest with or without a warrant.

2. Power to use force, including lethal force, to maintain peace, prevent crime, among others.

3. Power to conduct a search with or without warrant.

It is, however, not within the powers of a police to arrest a person as a way of procuring the arrest of another. In the case of Hemans v. Cofie (supra) , the court again said:

We know of no law which permits the police to arrest a wife when they are looking for her husband, a son when looking for the father or vice-versa. Such practice constitutes negation of the fundamental rights of the individuals involved; and is unsupported by law and the Constitution, 1992. It must therefore be roundly condemned.

Conclusion:

This note highlighted the fact that the police is responsible for the maintenance of law and order and have been given wide powers to enable them perform this function. In subsequent notes, we will examine the powers of the police to arrest and conduct a search.