We need to train judges on new laws to ensure proper application – Barker-Vormawor

Social activist and legal practitioner Oliver Barker-Vormawor has called for judges to be trained on newly enacted laws to ensure that courts properly apply changes to Ghana’s legal and sentencing regime.

His call follows concerns over the continued remand of some accused persons charged with misdemeanours, despite provisions in the newly passed Community Service Act providing for non-custodial sentences in applicable cases.

A recent example is the remand of Salomey Awiti Bafoh, a 40-year-old nurse based in Techiman, who has been charged with abetment in connection with investigations involving the anonymous TikTok account known as “Ghana Jollof”.

In a social media post on Monday, September 21, He questioned why a person charged with a misdemeanour could be remanded in custody after pleading not guilty when the person would not be sentenced to imprisonment if eventually convicted, where the offence falls under the Act.

“Is detention punishment for wanting to assert your innocence?" the vocal activist Barker-Vormawor questioned.

Barker-Vormawor said judges must be adequately equipped with knowledge of new legislation to prevent situations where accused persons are subjected to custodial measures that may not be applicable upon conviction.

“The New Community Service Act creates an automatic non custodial sentence for misdemeanours upon conviction,” he said.

"We need for train our judges on new laws we pass. Don’t expect them to know,” he added.

The Community Service Act introduces community service as an alternative to imprisonment for certain offenders, particularly in cases involving less serious offences.

The law is intended to provide alternatives to incarceration while supporting the rehabilitation of offenders and reducing pressure on Ghana’s correctional facilities.