COURSE: LAW OF TORT I

COURSE CODE: BLAW 205

LECTURER: MR. CECIL METTLE-NUNOO
DATE: 20th DECEMBER, 2023.

GROUP 5
NAMES INDEX
NUMBERS
1. ESTHER NAA ANKRAH 10295185
2. ALEXANDER JOSEPH EKOW ARTHUR 10295088
3. JESSICA AMPONSAH 10295119
4. PHOBE NAA MERLEY MARTEY 10300500
5. IRIS METTLE 10295071
6. CHUKUEBUKA E MBAH 10295189
7. RAMLAH MWINE-NUMBO SULEMAN 10301290
8. HAJARA MOHAMMED ALALAMATO 10295354
9. NANA AKUA BAYOAH ANTWI BOASIAKO 10295166

QUESTION 12.
 Discuss critically the law relating to arrests by a private
individual in Ghana, indicating any proposals you wish to put forward
for its reform.

TABLE OF CONTENTS
1. Distinction between private and public persons with
examples each.
2. Issues to be raised on arrest by a private person.
3. Condition to be satisfied before arrest is made by a
private person
4. Reforms to be put forward by us
5. Conclusion

SOLUTION
In legal contexts, the term "private person" typically
refers to an individual who is not a public figure or a
government official. Private individuals have a reasonable
expectation of privacy in various aspects of their lives, and
their rights to privacy are often protected by laws and
regulations. Example of a private person include, the
ordinary citizen of a state. Managers, store keepers,
students etc. Are all private persons. It is the duty of every
private person to effect arrest so as to help reduce crime
within the society.
But, public person, on the other hand, are individuals
who have voluntarily entered the public sphere or have
achieved a level of fame or notoriety. Public figures may
have fewer privacy protections in certain situations, as
their actions and conduct may be considered of legitimate
public interest. Example of a public person is the security
personnel, like the police officers.

ARREST BY A APRIVATE PERSON

The issues to be discussed under the arrest by a private
person include the following;
1. Whether or not a private person without a warrant
can effect arrest when an offence is committed in
their presence?
The Section 12, sub. s. 1 of the Criminal Procedural Act
1960, (ACT 30), it states that, a private person may effect
arrest without a warrant any person who in his presence,
commit any of these offences;
(a). any offence involving the use of force, or violence;
(b). any offence whereby bodily harm is caused to any
person;
(c). any offence in the nature of stealing or fraud;
(d). any offence involving injury to public properly;
(e). any offence involving injury to property owned by, or
in the lawful care or custody of that private person.
Whenever, any of the above offences are committed right
in the presence of a private person, the law requires him
to effect arrest respectively.
2. Whether or not a private person can effect arrest
upon suspicion?
In the Section 12, sub.s.2 of the Criminal Procedural
Act 1960, (ACT 30), it starts that, a private person may
arrest without warrant any person whom he
reasonably suspects of having committed any of the
offences mentioned above, provided that an offence of
that nature has in fact been committed.
In the case of WALLER v. SMITH & SON, [1975], the
defendant a manager of a store suspected a
stocktaking deficiencies that was caused by due
pilfering on the parts of one or more of the defendants
and made an arrest upon suspicion. It was held by the
court per Sir Rufus Isaac CJ that, a private individual
effecting arrest on suspicion should be on a reasonable
ground that the accused person is guilty of the felony.
This in short means that, arrest on suspicion should
be on a reasonable ground.

WHAT ARE THE CONDITIONS TO BE SATISFIED UPON

ARREST ON SUSPICION
In the case of JOHN LEWIS & CO LTD V. TIMS (1952),
the court established the conditions that should be
satisfied upon arrest on suspicion by a private person.
The fact of the case was that, the plaintiff was arrested
by store detectives (private persons) on suspicion of
having stolen some items from the store. She was
taken to the store again to be examined by the
manager and when the manager formed the opinion
that they would prosecute her, the police were called
and she was handed over to the police and brought
before a magistrate the following day. She alleged that
the failure to hand her over forthwith to the police or
bring her before court made the arrest unlawful.
It was held by the court per LORD PORTER that, since
the time spent before handing her over to the police
was a reasonable time for the manager to form an
opinion whether to prosecute or not, the arrest was
lawful. The principles are that,
A. It is the duty of a private person to take the
arrested person to the police station or judge.
B. The accused person should be handed to the
police within a reasonable and not necessary
immediate.
C. The basis for arrest must be on a reasonable
ground.
D. The offence actually be committed by the accused
person.

OUR PROPOSAL REFORMS ON ARREST BY A

PRIVARE PERSON
The proposal we put forward as a group regarding
the reforms on arrest by a private person include
the following;
Private individual must avoid mob action and
vigilantism: It's essential to avoid taking the law
into your own hands and engaging in vigilantism.
The legal system is designed to handle criminal
matters, and private individuals should not act as
judge and jury. People who are suspected of any
criminal acts should be handed to the law
enforcement agencies upon arrest by private
persons. The accused person should not be
subjected to instance justices as are occurring in
this our country.
In addition, there should be an availability of
concrete evidence and witnesses: That is, in
situation where a private arrest is necessary. The
private person, should have a solid evidence and
witnesses to support his cause of action that the
accused person did the crime.
Moreover, the use of force by a private person to
effect arrest be reasonable: If a private person
arrest involves the use of force, it should adhere to
the principles of reasonable and necessary force.
Excessive force can lead to legal consequences for
the person making the arrest. In situations where a
citizen believes a crime has been committed, they
may have the right to detain the suspect until law
enforcement arrives. This typically involves using
reasonable force and ensuring the safety of all
parties involved
Again, the making of calls and providing of
necessary information to the law enforcement
agencies: In most cases, the safest course of action
is to call law enforcement rather than attempting to
make an arrest. Provide them with all the
information you have about the situation and allow
trained professionals to handle it.
Finally, provision of public education is also our
propose reform on the law of arrest by a private
person: Citizens be given the necessary education
on the basic law of arrest. This will enable them to
be familiar with the specific laws in their jurisdiction
regarding citizen's private arrests. Some places may
have specific statutes outlining the circumstances
under which a private person can make an arrest.
For instance, Section 12 of the Act 30, should be
taught everywhere in Ghana by law enforcement
agencies.

CONCLUSION
In conclusion, per the position of the law as
discussed above. A private person can effect arrest
if an offence is committed in his presence, and can
also effect arrest upon a reasonable suspicion of a
crime. Thus, offence in his presence and suspicion
are the only means a private person can effect
arrest without warrant. The law has stipulated the
conditions to satisfy arrest on suspicion by a private
person without a warrant that; suspicion must be
reasonable, that suspect committed the offence,
that accused person be handed to the police or
judge upon arrest within a reasonable time and not
necessarily immediate and the various reforms we
forwarded were avoidance of mob action and
vigilantism, existence of solid evidence and
witnesses, making of the necessary attempt to
reach law enforcement institutions and public
education.