Ghana is considering the implementation of electronic tracking bracelets as an alternative to the current onerous bail conditions. This proposed reform aims to ensure that accused persons attend court without needing to provide substantial assets or multiple sureties. The current system often keeps individuals, presumed innocent by the constitution, in detention due to their inability to meet strict financial or property-based bail requirements.
The move is driven by the principle that bail should guarantee court appearance, not punish poverty. Many accused individuals remain incarcerated because they cannot satisfy conditions like producing landed property or securing wealthy relatives as sureties. This situation contradicts Article 19(2)(c) of Ghana's Constitution, which presumes innocence until proven guilty, and Article 14, protecting personal liberty.
This initiative fits into Ghana's broader efforts to reform its justice system and uphold constitutional rights. The Supreme Court, in cases like Martin Kpebu v. Attorney-General and Gorman v. Republic, has consistently emphasized the importance of protecting personal liberty and exercising judicial discretion reasonably in bail matters. The current system often acts as a disguised refusal of bail, leading to pre-trial detention for many who cannot meet the stringent demands.
Richard Kwadwo Nyarko, a journalist and IT law researcher, advocates for this modernization. He states, "A person should not remain behind bars simply because there is no land title to produce or wealthy surety to call." He argues that technology offers a better solution than impossible bail conditions when the primary concern is court attendance. Nyarko suggests a carefully managed pilot program involving the Judicial Service, the Ghana Police Service, and the Ghana Prisons Service.
Implementing electronic monitoring could significantly reduce overcrowding in Ghana's prisons and ensure that the constitutional promise of innocence until proven guilty becomes a practical reality. This approach would allow accused persons to remain with their families, continue working, and prepare their defense, while authorities monitor their movements. The United Kingdom and the United States already utilize similar electronic monitoring systems as part of their bail processes. Ghana's adoption of this technology would require strong safeguards to protect collected information and ensure costs do not become another barrier for the less affluent. This reform promises to balance liberty with the administration of justice, modernizing Ghana's legal framework.