All Courts which have handled motor traffic offences since October 3, 2008 under the old law, Act 683, are to compile a list of all such cases and submit them to Office of the Chief Justice and to the supervising High Court Judges in their regions.
The Chief Justice, Mrs Justice Georgina Wood gave the instruction on Monday following persistent reports that trial courts were not applying the provision of the Road Traffic (Amendment) Act 2008, ACT 761. The new Act came into force on October 3, 2008.
A statement signed by Justice Alex B. Poku-Acheampong, Judicial Secretary, said the Chief Justice also directed that copies of the Road Traffic (Amendment) Act 2008, Act 761 be dispatched to all courts in the country.
It said the Chief Justice had also directed all the supervising High Court Judges in the regions, except the Greater Accra Region, to exercise the jurisdiction and powers provided under Sections 52 and 53 of the Courts Acts 1993, Act 459 such that all sentences within the period which were at variance with the provisions of the new law, Act 761, would be varied and revised.
The statement said in the case of Accra and Tema, the Chief Justice had in the exercise of her powers under Article 139 (1) (c) of the Constitution 1992 and section 53(3) of the Court Act 1993, Act 459 appointed Justice C.J. Honyenuga, an Appeal Court Judge, to be responsible for the variation and revision of the motor traffic cases handled by District Courts in Accra and Tema as well as other criminal cases that the Chief Justice may assign to him from time to time.
"In essence, what the Supervising High Court Judges and other Superior Court Judges appointed under the this special exercise are to do are to vary orders and decisions given by District Courts as captured by section 52 and 53 of the Courts Act 1993, Act 459 especially 52 (2) (a).
"Her Ladyship the CJ has also informed all other stakeholders in the Criminal Justice delivery system such as the Attorney-General's Department, the Police Service and the Ghana Prisons Service about the various steps taken by the Judicial Service to ensure that only the penal sanctions provided in the new Road Traffic law Act 761 are applied."
The statement said the result of these directives is that "where appropriate all terms of imprisonment imposed on convicted persons will be set aside and fines imposed will also be reviewed and reduced".
It said prompt steps would be taken to ensure that fines already paid in excess of those authorised under Act 761 will be refunded to those concerned by the Controller and Accountant General's Department after proof of due payment had been exhibited.