First degree felony are triable by a jury and judge – Justice Asare Botwe

Justice of the Court of Appeal, Justice Afia Serwah Asare Botwe, has clarified that first-degree felonies in Ghana are subject to trial by both a judge and a jury.

She explained that these offenses include crimes that carry a potential sentence of life imprisonment or the death penalty, except for treason and high treason.

Speaking on JoyNews‘ The Law on Sunday, Justice Asare Botwe emphasised that not all first-degree felonies necessarily result in a life or death sentence but are still triable by a jury.

She cited rape as an example of such an offense, highlighting the legal framework that mandates jury trials for serious crimes in Ghana’s judicial system.

“First degree felonies are triable by jury and a judge. These first degree felonies include offenses that carry a sentence of life or death, except for treason and high treason. Now the first degree felonies may not necessarily carry a life or death sentence, such as rape. Now, that is also triable by a judge and jury.”

Her remarks come as part of a contribution to the conversation on reforming the jury system, with legal experts assessing its effectiveness and the need for improvements.