IRELAND v. THE REPUBLIC

On appeal from the District Magistrate, Keta, Andoh J reviewed the conviction of a head teacher for defilement under section 102(1) of the Criminal Code, 1960 (Act 29). The central issue was whether the prosecution was commenced within the three-month limitation period in section 102(3). The magistrate had ruled that a complaint to the police within three months sufficed. Andoh J held that, under section 60(1) of the Criminal Procedure Code, 1960 (Act 30), criminal proceedings in a district court are instituted by applying for a summons or warrant or by bringing an arrested person before the court on a charge sheet, and that a mere police complaint does not commence prosecution. Drawing on English authorities, he applied the computation rule that the first day is excluded and the last included, meaning three calendar months. Since the appellant was charged on 14 March 1974, beyond the 18 February 1974 limit, the court found lack of jurisdiction, declared the trial a nullity, quashed the conviction, refused substitution under section 159, and clarified costs and compensation under sections 139–143, noting future proceedings would not be barred by autrefois pleas.