SOP - Children in Conflict With The Law Tout Rs

GHANA POLICE SERVICE
STANDARD OPERATING PROCEDURES FOR
CHILD-FRIENDLY
POLICING
PROCEDURES FOR HANDLING CHILDREN
IN CONFLICT WITH THE LAW
AUGUST 2016
GHANA POLICE SERVICE
STANDARD OPERATING
PROCEDURES FOR CHILD-
FRIENDLY POLICING
PROCEDURES FOR HANDLING CHILDREN
IN CONFLICT WITH THE LAW
AUGUST 2016
TABLE OF
CONTENTS
FOREWORD I
TABLE OF CONTENTS.........................................................................................................................III
DEFINITIONS......................................................................................................................................... IV
A. GUIDANCE ON THE STANDARD OPERATING PROCEDURES...........................................1
I. Introduction......................................................................................................................................1
II. Objectives........................................................................................................................................2
III. Implementation and Monitoring.....................................................................................................2
IV. Guiding Principles...........................................................................................................................2
1. Police Consideration of the Best Interest of the Child.....................................................3
2. Adopting a Child-friendly Approach..................................................................................3
3. Upholding Children’s Rights..............................................................................................4
4. Priority to Diversion and Restorative Approaches...........................................................4
5. Arrest, Custody and Remand as a Last Resort...............................................................5
6. Non-Discrimination............................................................................................................5
7. Respect for Children’s Privacy and Confidentiality..........................................................5
V. Police Role in Crime Prevention....................................................................................................5
B. STANDARD OPERATING PROCEDURES................................................................................6

I. Initial Contact...................................................................................................................................6
a) Determine if the child is in conflict with the law or in need of care/protection................7
b) Age Determination.............................................................................................................8
II. Use of Informal and Formal Cautions..........................................................................................10
a) Informal Caution...............................................................................................................10
b) Formal Caution................................................................................................................10
III. Arrest Procedures for Children.....................................................................................................11
IV. Escorting a Child...........................................................................................................................13
V. Handling Children at the Police Station.......................................................................................13
VI. Child-Sensitive Investigative Interviews......................................................................................14
VII. The Adapted PEACE Investigative Interview..............................................................................15
1. Preparation and Planning................................................................................................16
STANDARD OPERATING PROCEDURES –

PROTOCOLS/PROCEDURES FOR
CHILDREN IN CONFLICT WITH THE LAW
i
2. Engage and Build Rapport..............................................................................................16
3. Account............................................................................................................................17
4. Clarification and Further Questions................................................................................18
5. Ending..............................................................................................................................18
VIII. Release/Remand..........................................................................................................................19
IX. Reporting and Recordkeeping Procedures.................................................................................21
X. Referral Procedures for Children in Conflict with the Law..........................................................22
XI. Forms to Use for Children in Conflict with the Law.....................................................................23
ANNEX 1: FORMAL CAUTION WITHOUT CONDITIONS FORM 1A (JJA)....................................24
ANNEX 2: FORMAL CAUTION WITH CONDITIONS FORM 1B (JJA)............................................25
ANNEX 3: CID FORM NO. 6................................................................................................................ 28
ANNEX 4: STATEMENT FORM (CID FORM NO.30)........................................................................ 30
ANNEX 5: ELECTRONIC CASE DOCKET FORM.............................................................................31
ANNEX 6: REFERRAL FORM (PROPOSED]................................................................................... 33
ANNEX 7 – POLICE REMOVAL FORM: CID FORM NO. 77........................................................... 34

ii PROTOCOLS/PROCEDURES FOR
FOREWORD
Children constitute 45% of Ghana’s population. Unfortunately, many of them survive in the most difficult
circumstances, both while they live with their families and when they are away from family care, living
and working in the streets, in residential care or victims of child labour or trafficking. Violence and
abuse of children, including sexual abuse, remains very high, with over 90% of children reporting
having experienced physical violence, both at home and in the school environment. Child labour and
child trafficking are stubborn problems with no evidence of being reduced despite Government and
civil society efforts in recent years to address these problems. More than 4,000 children still live in
residential homes, often labelled as ‘orphanages’. Many of these children are unnecessarily separated
from their families.
While the Government of Ghana has some legislative protections for children, enforcement is not as
consistent as it could be and the laws have not been effectively translated into the Ghanaian context.
Police officers are often the first people a child comes into contact with when in distress or in conflict
with the law. For children in the most vulnerable situations, a rights-based and professional approach
to their protection, rehabilitation and reintegration is mandatory, stemming from a Constitutional
guarantee, domestic laws and policies and Ghana’s international commitments, including the UN
Convention on the Rights of the Child, as well as its optional protocols. The Ghana Police Service has
relied on dated service instructions, limited training on child protection in its schools and has been
without clear procedures for handling children who come into conflict with the law, as well as those
who are victims or witnesses of criminal offences.
These Standard Operating Procedures update the Ghana police response to children in need of
care and protection who come into contact with the law. They will ensure that police treat children
consistently at a standard of practice that recognises their welfare first, as well as their specialised
needs in the justice system. This will enable our children to develop and flourish to become active
contributors to the future of Ghana.
Thanks to the support of UNICEF, the Ghana Police Service is on its way to become a child-friendly
service that will respond humanely and sensitively to uphold the rights of children in the justice system.
A cadre of police personnel from all regions of Ghana will be trainers and “change agents” for their
peers, promoting and building capacity in child-friendly policing.
The Inspector General Police, Dr John Kudalor and the Police Management Board, pledge their
commitment towards the full implementation of the SOP.
The Ghana Police Service is particularly grateful to UNICEF for their invaluable support towards this
initiative.
Dr. John Kudalor

Inspector–General of Police
Ghana Police Service

iii
DEFINITIONS
At risk child or vulnerable child: A child who is reason of their participation in the investigation
in need of care and protection since she or he and prosecution proceedings, have legal access
is without proper parental care and supervision to the information. At no stage of the cause or
and/or is exposed to moral and physical danger, matter shall any information be provided for
putting her or him at-risk of being harmed, publication that may lead to the identification of
ill-treated, abused, exploited, or pushed into the child (Juvenile Justice Act, 2003 (Act 653) sec.
criminality, or whose physical or mental health 3)
is therefore likely to be impaired. (Children’s Act,
1998 (Act 560) sec. 18) Diversion: The referral of cases involving
children alleged to have committed minor
Best interest of the child: The term that refers offences away from the criminal justice system,
to the factors that justice actors consider when with or without conditions for the child to fulfil
deciding what type of services, actions and (Juvenile Justice Act, 2003 (Act 653) sec.12).
orders will best serve a child, as well as who is Under the Juvenile Justice Act, police diversion
best suited to take care of the child. Some of the occurs before a child is charged with an offence
factors include the health, safety and protection; and has acknowledged responsibility, however,
the importance of keeping families intact and diversion can be recommended by the court
the preference for avoiding removal of the child post-charge, pre-trial or even during trial. Police
from his or her home except in cases where the can also withdraw the charges against a child at
child’s safety and wellbeing require removal; the any point in the proceedings (Juvenile Justice Act,
assurance that a child removed from his or her 2003 (Act 653) sec. 20.4)
home will be given care, treatment and guidance
that will assist the child in developing into a self- Fit person: “A person of full age who is of high
sufficient adult; and the child’s wishes moral character and integrity and of sound
mind, capable of looking after a child, who is
Child: A person below 18 years of age (Children’s not a relative of the child. A fit person has been
Act 1998 (Act 560) sec. 1) registered by a probation officer or social welfare
officer as being able to provide a caring home
Child in conflict with the law: A child is in conflict for a child” (Children’s Act, 1998 (Act 560)) Fit
with the law when he or she has committed or persons list is a list of persons referred to as “fit
has been accused of committing an offence. A persons” defined above, which is prepared by the
child accused of committing an offence is known Department of Social Development/Welfare.
as a juvenile and those found guilty of the offence
are called juvenile offenders under the Juvenile Investigative Interview: A non-confrontational
Justice Act process of interviewing, aimed at reducing stress,
limiting reliance on nonverbal signals to indicate
Child-friendly: This refers to both an approach truth or falsehood, using open-ended questions
and an environment that is adapted to integrate to solicit information and then examining
the rights of children, including a physically safe, inconsistencies in the suspect’s account.
non-threatening and welcoming reception of the
child, as well as a communication style that builds Social Enquiry Report: A report submitted by a
rapport, and seeks and imparts information Probation Officer to the court upon the orders of
in a way that the child can understand. It also the juvenile court. The SER provides information
includes an adaptation of space, such as smaller on the background of the juvenile who has been
furniture, children’s toys and books and less arrested and charged, the circumstances under
austere surroundings, to accommodate the child which the offence has been committed and a
recommendation for sentencing which is taken
Confidentiality: This means that personal into account by the court in reaching a decision
information about or shared by the child cannot concerning the juvenile. (Juvenile Justice Act,
be divulged to third parties without the express 2003 (Act 653) sec. 24)
consent of the child, excepting those who, by

iv PROTOCOLS/PROCEDURES FOR
A
GUIDANCE ON THE STANDARD
OPERATING PROCEDURES
I. Introduction
The Ghana Police Service (GPS) recognises the importance of protecting children and juveniles from
involvement in crime and victimisation by others. The development of these Standard Operation
Procedures (SOPs) demonstrates the commitment of the GPS to ensure child-friendly policing in
Ghana. These procedures are consistent with international and regional standards and best practices
internationally and nationally, such as the UN Convention on the Rights of the Child, 1990, Guidelines
for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), Rules for the Protection of Juveniles
Deprived of their Liberty (the Havana Rules) and Standard Minimum Rules for the Administration of
Juvenile Justice (Beijing Rules). Most importantly, these procedures are in line with Ghana’s child
protection legislation and domestic policies, including, but not limited to:
¡¡ The Constitution (1992) ¡¡ Juvenile Justice Act, 2003 (Act 653)

¡¡ Criminal Offences Act, 1960 (Act 29) ¡¡ Domestic Violence Act, 2007 (Act 732)
¡¡ Criminal Code Amendment Act, 2003 (Act 646) ¡¡ Child and Family Welfare Policy 2015
¡¡ Children’s Act, 1998 (Act 560) ¡¡ Justice for Children Policy 2015
These SOPs have been developed in recognition that children under the age of 18 who get into trouble
with the law are not fully mature and require a specialised approach from police and other justice
agencies. During the teenage years, children are in the process of developing from a child to an adult,
and for many, this is a time of experimentation, risk-taking and challenging authority. Children’s
judgment and decision-making capacity is not yet fully developed and they cannot be held to the same
standards as adults. Many of these children are already disadvantaged before they come into conflict
with the law since most live in poverty, are lacking adequate parental support and care, and have
experienced rights’ violations. How these children are treated by the police can have a lasting impact
on their attitude towards authority figures and the rule of law.
Given these factors, the Ghana Police Service (GPS) is committed to ensuring a specialised approach
for handling children that takes into account their vulnerability, their developing personality, their
specific needs for education, and their limited emotional, mental and intellectual maturity. This
specialised approach will help the GPS to better tackle juvenile crime and improve public safety by
helping children to understand and take responsibility for their actions, and assume a constructive
role in society.

1
II. Objectives
The objectives for the development of the standard operating procedures (SOPs) are to:
¡¡ Provide guidance in handling children who are arrested or alleged to have committed a crime,
referred to as children in conflict with the law;
¡¡ Set the standards of practice for the processing of children who come into conflict with the law;
¡¡ Advance standardised practices for police in handling all children who are alleged to have
committed an offence;
¡¡ Enhance collaboration among key stakeholders, governmental and nongovernmental, who
support police efforts to protect children from harm and rehabilitate and reintegrate children
back into their families and communities.
III. Implementation and Monitoring

The SOPs apply to all members of the Ghana Police Service, including all general duty officers,
investigating officers, supervisors and senior police in management positions. They are applicable
to all crimes, incidents and investigations involving children as alleged offenders and they replace all
other guidelines for dealing with children in conflict with the law. In line with the rules governing the
Ghana Police Service, any breach of the SOPs is a misconduct, calling for disciplinary proceedings,
once the standard operating procedures are fully operational.
These standard operating procedures will be monitored and evaluated to ensure their proper
implementation and the establishment of safeguards to protect children. Every police station will
make manuals easily accessible to all police officers who come into contact with children.
IV. Guiding Principles

Key guiding principles for handling children who come into conflict with the law are detailed below.

2 PROTOCOLS/PROCEDURES FOR
1. Police Consideration of the Best Interest of the Child
In accordance with the 1992 Constitution (article 28), the Children’s Act, 1998 (Act 560) sec. 2 – Welfare
Principle, and the Convention on the Rights of the Child, 1990 (Article 3), every child has the right to
have his or her best interest given primary consideration when making decisions that may affect the
child.
Members of the GPS will ensure that they exercise their discretion in an appropriate, fair and professional
manner when dealing with children. Police decisions regarding children must be transparent and able
to be justified. In all actions taken in relation to a child accused of an offence, the Ghana Police Service
must consider community safety and the needs of the victim, but ultimately make a decision based
on what is best for the child. In determining the best interest of the child, police officers will consider:
¡¡ The health, development, safety and/or protection of the child;

¡¡ The importance of keeping children with their families and taking children into custody only as a
last resort;
¡¡ The need to promote the child’s rehabilitation and reintegration, and not focus exclusively on
punishment; and
¡¡ The opinion of the child.
Children must be provided with information about their rights and informed about the reasons for the
decisions taken by police. Children are more likely to accept police actions if they are informed of the
reasons why particular action has been taken.
2. Adopting a Child-friendly Approach

The Ghana Police Service has a strong commitment to developing positive relationships between
police and children and positioning the police as a friend and trusted authority figure. All members
of the GPS will strive to get to know the children in the communities where they work and be a role
model to them.
The police shall at all times treat children with professionalism, fairness and respect. Fair and
respectful treatment of children prevents unnecessary conflicts and distrust and will assist in building
long-term, positive relationships between children and police. Respecting the rights of children
demonstrates the importance of respecting the rights of others and helps promote law-abiding
conduct.
In all interactions and communication with children in conflict with the law, police officers must adapt
their approach to ensure the child’s physical safety and to take into account his or her young age.
This includes minimising the use of force, adopting a more friendly tone, using simple language and
explanations in words that the child can understand, and not using harsh, coercive or abusive tactics.
The GPS will also take measures to ensure that police stations provide privacy to children in conflict
with the law, and that a physical space is adapted to accommodate children and create a more
welcoming environment, such as using lower furniture and desks and less formality, child-friendly
colours, posters, toys and books, for example.1
1 It is recognised that the development of child-friendly space within each police station will take time and, as such, the SOP recommends at a minimum that
police make every effort to find a private area inside or outside of the station to speak with children, and, where possible, that each station find a space to
adapt in a child-friendly way.

3
3. Upholding Children’s Rights
The GPS will ensure that the rights of all children accused or alleged to have committed an offence are
fully respected, including:
¡¡ The right to safety at all times

¡¡ The presumption of innocence before trial
¡¡ The right to be treated with respect in all interactions
¡¡ The right to be treated in a manner in accordance with the rule of law
¡¡ The right to participate with the child’s views and opinions given due weight on the basis on his or
her maturity
¡¡ The right to confidentiality and the protection of a child’s personal data in accordance with law
During arrest, investigation and trial, children’s procedural safeguards are enshrined in the Juvenile
Justice Act, 2003 (Act 653, sec. 3 & 22), which upholds their rights to:
¡¡ Be informed of the charges against him/her in a language he/she understands and to read the
arrest warrant at any time;
¡¡ Remain silent;
¡¡ Have a parent, guardian, close relative or probation officer present at the proceedings;
¡¡ Legal representation; and
¡¡ Legal Aid.
The child’s right to participate and be heard in all procedures will be upheld by the police by ascertaining
the child’s views during all stages to have the child’s opinions taken into consideration. (Justice for
Children Policy 2015) This begins with the pre-trial stage, when the child has the right to remain silent,
as well as the right to be heard by the police, prosecutor and judge, and it continues throughout the
stages of adjudication and disposition, including the implementation of the imposed measures. The
child, in order to effectively participate in proceedings, must be informed not only about the charges,
but also about the juvenile justice process and possible measures.
4. Priority to Diversion and Restorative Approaches

Ghana has a strong tradition of resolving disputes through community justice processes aimed at
restoring peace and making amends between the victim and offender. The Justice for Children Policy
recognises that these informal approaches are often the most effective and efficient way to deal with
minor offences committed by children, and encourages the use of these alternatives in appropriate
cases. Police cautions, mediation and other community resolutions allow offences to be dealt with
quickly, involve the family and community in holding the child accountable for his or her actions and
help children to better understand the impact of their actions on the victim and community. They
are also less stigmatising and avoid the life-long, negative consequences that come from having a
criminal record.

As gatekeepers to the formal criminal justice system, the GPS have an important role to play in ensuring
that children accused of minor offences are not unnecessarily processed through the courts. Where
appropriate, police will seek to divert children from the formal justice system by issuing informal
cautions, using informal mediation or recommending community resolutions (Justice for Children
Policy 2015). However, in cases where children have committed serious and violent offences, police
have less discretion to use diversion and are instructed to formally arrest these children in order to
both protect the community and to protect the child from retaliation.
5. Arrest, Custody and Remand as a Last Resort

Because of their young age and vulnerability, subjecting children to arrest, police custody and
remand can have very negative consequences. It separates children from their families, exposes
them to abuse and criminal contamination from fellow inmates, disrupts their education and can
adversely impact their health and nutrition. Under the Children’s Act and the Convention on the Rights
of the Child, children have the right to survive and develop healthily. No person shall deprive a child
access to education, immunisation, adequate diet, clothing, shelter, medical attention or any other
thing required for his or her development. The GPS is committed to ensuring that children are only
arrested and held in police custody as a measure of last resort and for the shortest possible period.
6. Non-Discrimination
The GPS will ensure that all children are treated fairly and equally. Police officers shall not discriminate
against a child on the grounds of gender, race, age, religion, disability, health status, custom, ethnic
origin, rural or urban background, birth or other status, socio-economic status or because the child is
a migrant or refugee. In all cases, the police shall accommodate a child’s needs based on language,
accessibility and any other required accommodation.
7. Respect for Children’s Privacy and Confidentiality

Confidentiality is paramount in all actions relating to children. Juveniles are particularly vulnerable to
stigmatisation and public exposure, which can undermine efforts to promote their rehabilitation and
reintegration.
The GPS will ensure that the privacy of children in conflict with the law is respected and protected. All
files in relation to a child will be kept strictly confidential, and information shared only with appropriate
authorities. In their interactions with the public and media, the police will ensure that they do not share
any information that might reveal the identity of a child who is alleged, accused or convicted of an
offence (Juvenile Justice Act, 2003; Justice for Children Policy 2015).
V. Police Role in Crime Prevention

The GPS is committed to building partnerships with children, families, schools, communities,
businesses and other relevant agencies in preventing juvenile crime and tackling the underlying
causes of criminal behaviour. Children whose offences are less serious can also be supported by
police actions to prevent further offences and assist in reintegrating the child. To this end, police will
assist children by:
¡¡ Developing relationships with community leaders, teachers, religious leaders, social welfare
officers and members of agencies, institutions and nongovernmental organisations (NGOs) that
can intervene to support a child at risk;

5
¡¡ Arranging meetings with relevant community leaders, agencies, institutions and NGOs so that
early intervention can ensure that the situation does not escalate;
¡¡ Referring at risk children to social services, NGOs and community leaders who can support them;
¡¡ Putting families in touch with social services, NGOs or community leaders who could help them
in times of difficulty;
¡¡ Coordinating with social services, NGOs and community leaders in family reunification;
¡¡ Supporting the development of “community policing”, law enforcement that seeks to integrate
officers into a local community to reduce crime and cultivate good community relations;
¡¡ Taking violence against women and children within families very seriously as this is a key reason
for children to leave home and live on the streets;
¡¡ Advocating with communities and families on the prevention of violence and abuse, parental
responsibility, children’s rights, positive child-rearing practices and nonviolent and non-
humiliating school discipline; and
¡¡ Refraining from referring to children and young people as “deviant” or “delinquent” or any other
negative names so as not to increase undesirable behaviour and stigmatisation from others.

B
STANDARD OPERATING
PROCEDURES
These Standard Operating procedures provide instruction for handling children in

conflict with the law.
I. Initial Contact
Police most often come into initial contact with a child in conflict with the law in the following ways:
¡¡ While performing duties in the community, a police officer may observe a child committing an
offence or be called upon by someone in the community who alleges that a child just committed an
offence (such as a market vendor saying that a particular child just stole an item from his stall); or
¡¡ When a child has been accused of an offence and apprehended by a citizen (who may or may not
also be the victim of the offence) who brings this child to the police station; or
¡¡ When a complaint about the child has been received at the police station and a warrant for his or
her arrest has been issued by the Magistrate of Juvenile Court; or
¡¡ When a child willfully obstructs a police officer in the execution of police duties.2
Follow the procedures below when you come into contact with a child alleged to have committed an
offence or whom you have witnessed committing an offence:
a. Determine if the child is in conflict with the law or in need of care/protection

You need to determine if the child is actually in conflict with the law or is in need of care and protection.
Your actions will be different for each. Remember, if the child is begging, “loitering”, selling in the
street or the victim of commercial sexual exploitation (prostitution), he or she should not be treated as
a juvenile. These children are in need of care and protection.
It is common for a child in conflict with the law to also be in need of care and protection at the same
time. This is especially true for children living and working in the street and children without parental
care. In these cases, you need to use your judgment and decide on the best course of action. For
example, if the offence is not serious, but the child requires medical attention immediately, treat the
child as being in need of care and protection. Children in need of care and protection shall be treated
as outlined below, regardless of their age.

2
Juvenile Justice Act, 2003, Section 5

7
If the child is in need of care and protection:
¡¡ Notify a social welfare officer at the Department of Social Development/Welfare.

¡¡ Inform the child’s parents, guardian or close relative that the child requires care and protection.
¡¡ If the child is injured or sick, assist the family in getting to a hospital, medical clinic or registered
medical practitioner, if needed, or take the child yourself or have someone else transport the child
if you cannot locate an adult responsible for him or her.
¡¡ If the child does not have a responsible adult to care for him or her, take the child immediately to
a social welfare officer at the Department of Social Development/Welfare or a suitable children’s
shelter for care and protection. If your district does not have a Department of Social Development/
Welfare, contact a district social welfare or probation officer to discuss the next steps. Remember,
children without parental care, whether living in the street, in informal/formal foster care or
residential care, may require the protection of the Department of Social Development/Welfare
because of the higher potential for them to be neglected, exploited or abused in these living
circumstances.
If you are performing station orderly or fixed beat duties and cannot leave your station/post, consult
your station officer to learn which investigator will handle the child and immediately contact him or her
to take on the case. All procedures below are usually carried out by investigators.
b. Age Determination
You must determine the age of the child in order to know how to proceed. Remember that a child
below the age of 12 at the time of the commission of an offence is deemed incapable of committing
a crime and cannot be subject to criminal proceedings (Criminal Offences Act, 1960 (Act 29) sec.
26).This means that the child is not criminally responsible and cannot be arrested or held in police
custody. Nor can you issue a police caution to this child, since he or she is not criminally liable.
¡¡ Ask the child his or her name and how old he or she is.
¡¡ If he or she does not know, or if you do not believe the child, ask questions about events that
will give you an idea of the child’s approximate age. For example, ask “Do you remember the
eclipse (2006)?” or “What were you doing when President Mills died (2012)?” or “How old were you
when the big boat capsized on Lake Volta (2006)?” or “What class were you in at school when US
president Obama visited Ghana (2009)?” Select an event that is appropriate for your region.
¡¡ Use your judgment based on other children you know, but if you are not sure, always treat him or
her as a child.
¡¡ Never make assumptions based purely on a child’s physical appearance. Children, particularly
teenagers, develop at different rates and may grow tall or develop facial hair well before their 18th
birthday.
¡¡ Do not expect a child to carry proof of identity, but when you contact the child’s parent/guardian/
responsible adult you can ask them to bring identification, if possible.
As part of the investigation, the police should collect evidence to confirm the child’s age. This can
include:
a. a birth certificate, weighing card or medical record at birth;

b. school records;

c. baptismal certificate or other religious documents;
d. statements from the child’s parents, relatives or community leaders;
e. a report by a medical officer or a medical examination. Note that medical examinations are
costly, time consuming, and cannot definitely prove a child’s age, so they should be requested
only as a last resort when no other reliable information is available to confirm the child’s age.
Remember that it is the duty of the police to collect evidence to determine the child’s age, not the
obligation of the child or parents to prove the child’s age. When there is any doubt, police must always
proceed on the basis that the person is a child and accord them all of their rights under the Juvenile
Justice Act and the Justice for Children Policy. A final age determination will be made by the Court
(Justice for Children Policy 2015).
If the child is below 12 years of age and is in conflict with the law:
¡¡ Take the child home to his or her parents, guardian or closest relative and discuss a plan of
delinquency prevention. If the offence is serious 3, the child has previously offended or the family
is unable to deal with the child’s delinquency, refer the family to a probation officer/social welfare
officer at the district Department of Social Development/Welfare or a fit person or suitable
child-focused NGO for counselling and rehabilitation, as recommended by the probation/social
welfare officer. Remember, you cannot issue a police caution to a child below the age of criminal
responsibility.
If the child is at or above the age of criminal responsibility and is alleged to have committed an offence:
¡¡ Determine the category of the offence:

»» One-time antisocial behaviour;
»» A child demonstrating disturbing behaviour caused by psychosocial problems or mental
illness;
»» A first time, non-serious offender;
»» A persistent, non-serious offender;
»» A first time serious offender; or
»» A persistent serious offender
Remember, serious offences are offences such as robbery with aggravated circumstances, indecent
assault involving unlawful harm, rape, defilement, murder, drug offences and offences related
to firearms (Juvenile Justice Act, 2003, sect. 46.8). For one-time antisocial behaviour, disturbing
behaviour and a first time, non-serious offender:
¡¡ Consider alternatives to arrest as noted under the Juvenile Justice Act and the Justice for Children
Policy, such as informal caution, mediation or referral to community resolution.
Remember, even children who are persistent offenders are usually also in need of care and
protection. Family environment and life circumstances (poverty, living in the street, etc.) should be
taken into account when considering how best to help the child. Use the least intrusive intervention
when handling a child in conflict with the law in order to minimise trauma and stigmatisation and to
maximise opportunities for a child to correct his or her behaviour.
3 “Minor offences” is only defined in section 60 of the Juvenile Justice Act as matters such as petty theft, petty assault and threatening offences. Serious
offences are offences such as robbery with aggravated circumstances, indecent assault involving unlawful harm, rape, defilement, murder, drug offences
and offences related to firearms (Juvenile Justice Act, 2003, sect. 46.8 ).

9
II. Use of Informal and Formal Cautions
a. Informal Caution
An informal caution is an alternative to arrest. It consists of an unofficial verbal reprimand of which
no official record is required to be kept and is often used when a child is remorseful, is a first time
offender and she or he has been involved in a minor offence such as petty theft, petty assault and
threatening offences. (Juvenile Justice Act, 2003, sect. 12) Informal cautions shall only be given when
you have witnessed the child offending and/or the child has admitted responsibility for the offence.
Children must be at or above the age of criminal responsibility for you to issue a police caution.
Informal cautions are given at the discretion of the officer.
If you determine that an informal caution is appropriate, follow these procedures:
¡¡ Give the warning on the spot.

¡¡ Explain to the child that his or her actions are the equivalent of a criminal offence and that he or
she is warned to stay out of trouble, think through his or her behaviour, its consequences and what
is likely to happen if the behaviour continues. For example, “You taking the cell phone from this
stall without paying is a criminal offence. You could be arrested and charged with theft. This is not
a path you want to take. Think about what would happen to you if you were arrested. How would
your parents, family and friends treat you? I am warning you to stay out of trouble. You should know
that I may charge and arrest you if this ever happens again.”
¡¡ If the child is not already at the police station, do not take the child to the police station. If you
determine that there is a need for a record of the informal caution, take the child to his or her home
and, in the presence of his or her parent/guardian, record necessary particulars only in order to
track whether the child re-offends in the future.
¡¡ Where appropriate, ask the child to apologise to the victim, if you know the victim is agreeable and
willing to receive the apology.
a. Formal Caution
A formal caution is also given to a child in order to limit the child’s interaction with the criminal justice
system and offer the best chance for a child to correct his or her behaviour. It may be either without
conditions or with conditions. The decision to officially caution a child must be made by a senior
officer on the recommendation of a probation officer, public prosecutor or magistrate. (Juvenile
Justice Act, 2003, sect. 12)
A formal caution may be used when a child has been involved in a minor offence, such as those listed
under the informal caution, and it is very clear that the child has broken the law (for example, you have
witnessed it). The child must admit responsibility for the offence. Formal cautions can be given when
this is the child’s second offence or when you wish to have the child understand the seriousness of his
or her behaviour. A formal caution constitutes an official record to be held in the Register of Formal
Cautions.4 The child’s parent/guardian or close relative must be present and notified since there will
be a record of the incident. In the absence of a parent, guardian or close relative, the formal caution
shall be given in the presence of a probation officer.
A formal caution without conditions is an official warning to the child to immediately change his or her
behaviour. The child is not required to do anything other than to receive the official warning. Formal
4 This register is to be made available to the Department of Social Development/Welfare (Juvenile Justice Act, 2003, sect. 12.9) and expunged five years after
the date on which it was entered (sect. 12.10).

cautions shall only be given when you have witnessed the child offending and/or the child has admitted
responsibility for the offence.
A formal caution with conditions is an official warning that includes certain conditions that must be
met in order that the police refrain from further action. These conditions may include:
a. verbal apology to victim/victim’s parents;

b. written apology to victim/victim’s family;
c. the return of an item taken;
d. the replacement of an item that was stolen or damaged;
e. to fix or repair or help to fix or repair an item that was damaged;
f. to attend school regularly;
g. to be monitored by a police officer performing a specified number of hours of community
service, to be no less than 10 and no more than 30 hours; and
h. other conditions that may be considered appropriate (e.g. counselling).5
Remember that:
¡¡ The condition must be appropriate to the child’s age and maturity and proportionate to the
circumstance of the offence.
¡¡ The condition must not interfere with the child’s schooling or income-generating activities upon
which the child and his/her family depend.
¡¡ The police should seek the consent of the child and his or her parent/guardian or close relative for
the action. If they do not consent, advise them that the alternative is to arrest the child.
If you are instructed to use a formal caution, either with or without conditions, follow the instructions
you are given by your senior officer. Record information for the caution in Form 1A (without conditions)
or Form 1B (with conditions)6 . File the caution in the Formal Caution Register at your police station.
In the case of a formal caution with conditions, you may need to regularly follow up on the conditions
of the caution to ensure that the child completes the undertaking and no further police action is
warranted7.
III. Arrest Procedures for Children

The arrest of a child over the age of minimum criminal responsibility should be a measure of last
resort. Always consider using cautions, mediation or community resolution first. When you arrest a
child, you are taking him or her into custody by legal authority or warrant.
Remember, children can only be arrested by the police where the facts of the alleged crime warrant it
and the law permits it. If a child must be arrested, refer the file to the nearest Domestic Violence and
Victim Support Unit (DOVVSU) office, which has the mandate to handle children in conflict with the law.
If there is no DOVVSU office in the area, continue to process the file yourself, following the protocol
outlined in this document and asking for DOVVSU guidance, where necessary.
When an arrest is the only option available to you, obtain a warrant of arrest from the Magistrate of the
5 These conditions are outlined in the Juvenile Justice Act.
6 Both the formal caution without conditions and the formal caution with conditions are attached to this SOP.
7 The Justice for Children Policy 2015 also makes reference to accountability conferences, family group conferences and victim-offender mediation as
options for diversion. At this point in time, these procedures have not yet been developed, however, police should be aware that these procedures will be
implemented in the future and police roles, functions and responsibilities regarding these processes will need to be fully articulated.

11
Juvenile Court except in cases where a warrant is not required.8 Insofar as possible, female children
should be arrested by female officers.
Follow these procedures:
¡¡ Privately inform the child of the reason for his or her arrest and the charges against him or her.
If the arrest is under warrant, explain the content of the warrant and allow the child to read it, if
he or she wishes.
¡¡ An arrest must respect the dignity and well-being of the child and minimum force should be
used. (Juvenile Justice Act, sect. 4.3)
¡¡ Do not use handcuffs, weapons, firearms or other instruments of force or restraint. In
exceptional cases, minimal force, handcuffs or restraint may be used, but only where there is a
risk that the child will harm him/herself or others or escape, and all other methods of control have
been exhausted or have failed. If handcuffs must be used:
»» Extreme care must be taken when handcuffing youth in every situation, every time.
»» Once handcuffed, youth must remain under constant supervision.
»» An officer should have plastic “flex-cuffs” on hand to use to restrain a youth.
»» Handcuffs must never be used for detention purposes, such as handcuffing a youth to a
pole, chair or fence. This is dangerous to the child, ineffective and opens the door to serious
wrongdoing by the police officer if the child is injured.
¡¡ Immediately explain the child’s due process rights, using simple language to explain that he/she
has the right to:
»» Be informed of the charges against him/her in a language he/she understands and to read
the charge sheet at any time;
»» Remain silent;
»» Have a parent, guardian, close relative or probation officer present at the proceedings;
»» Legal representation; and
»» Legal Aid. (Juvenile Justice Act, 2003, sect. 3 & 22)
¡¡ If the child does not understand or speak the same language as the arresting officer, an interpreter
shall be provided, free of charge, in the language or dialect understood by the child.
¡¡ Notify the child’s parents, guardian or close relative of the arrest and the reasons for it as
soon as possible. If the child’s parent, guardian or close relative cannot be located, then notify
a probation officer and cooperate with him or her to trace a family member or other responsible
adult to take responsibility for the child.
¡¡ If you are arresting a child at the scene of the offence, be sure to gather relevant information and
evidence from the scene.
¡¡ If you have not already done so, notify a probation officer as soon as possible after the arrest of
a child so that he/she can begin to trace the child’s family and begin the processes of preparing a
social enquiry report and assisting with age determination, if necessary.
8 Arrest without warrants can be made by police when the juvenile a) commits an offence in the presence of the officer; obstructs a police officer in execution
of police duties; has escaped or attempts to escape from lawful custody; is in possession of any implement adapted or intended to be used for the unlawful
entry of a building without reasonable explanation for the possession or when there are reasonable grounds of suspicion that the juvenile a) has committed
an offence; b) is about to commit an offence where there is no other way of preventing its commission or the surroundings indicate that an offence could be
committed; and c) is wilfully obstructing the police officer in the execution of police duties. (JJA, Sect. 5)

Remember that a child’s first encounter with the police will shape his or her view of the police and
determine his or her trust in the police and their procedures. You must ensure the full protection and
care of the child in your custody. If the child is injured or requires medical treatment, immediately
inform your superior and take the child to the nearest hospital, clinic or registered medical practitioner.
It is essential that children in conflict with the law are accompanied and supported by a parent,
guardian, lawyer or other supportive adult at all stages of the process. Even when an older child
appears to be an adult, he or she is developmentally still a child and needs emotional support and help
from an adult to understand legal proceedings and prepare a defense. Police must assist children with
contacting an appropriate adult. Remember that family tracing and family notification must begin
at the earliest possible stages, so that children can benefit from parental support throughout the
process (Justice for Children Policy 2015).
IV. Escorting a Child

Police may escort a child from one place to another. This includes taking the child from his/her home
to the police station, from the scene of the offence to the police station, from the police station to the
child’s home, from the police station to the hospital, from the police station to the juvenile court, from
the police station to remand and from remand to juvenile court, among others. For every interaction
with these institutions, the police shall use a referral form, with the exception of transporting a child
from juvenile court to a corrections centre. If a child is found guilty and receives a custodial sentence,
police are responsible for transporting the child from court to the corrections centre. Police shall
ensure that the Detention Order and Police Removal form – CID Form no. 77 accompany the child.
Remember, children should always be treated with respect, ensuring their dignity and well-being
throughout the transfer. As far as practicable, female children should be transported by female police
officers. (Juvenile Justice Act, 2003, sect. 15.4)
When transferring a child:
¡¡ Do not use force or restraint unless it is strictly necessary;

¡¡ Transfers must be made in adequate conditions, with sufficient ventilation and light and without
hardship and indignity; and
¡¡ Never transport children with adult offenders and keep females and males separate.
V. Handling Children at the Police Station

Remember that children should never be subjected to any form of cruel, inhuman or degrading
treatment or punishment, including threats or verbal abuse. For example, children should not be
handcuffed to furniture to wait for an investigator. A child is entitled to respectful treatment and care,
and his or her case should be attended to promptly by an investigator.
Upon arriving at the police station, follow these procedures:
¡¡ Immediately inform your superior that you have a child with you
¡¡ If you have not done so, immediately notify the child’s parents/guardian/close relative or responsible
adult (identified by the child)
¡¡ Complete a Statement Form and ensure that it is placed in a separate registry for children who
pass through the police station

13
¡¡ Do not search the child unless you have reasonable grounds to believe that there is an object
concealed in the child’s clothing, personal belongings or body that is related to a criminal act
or the possession of which is an offence. Examples include the possession of stolen articles,
instruments of violence, tools connected with the offence or other articles which may provide
evidence against the child with regard to his or her charge. A search shall be conducted by an
officer of the same sex. (Juvenile Justice Act, 2003, sect.10.3)
¡¡ Remember, there are special procedures for an intrusive body search. An intrusive body search
is one of any body cavity, including the mouth, ears, nose and private parts. This search shall be
conducted in a respectful manner and in the presence of the child’s parents, guardian or closest
relative. If the search requires examination of the child’s private parts, this can only be conducted
by a registered medical professional. (Juvenile Justice Act, 2003, sect. 10.4)
¡¡ If the child’s parents have not already arranged legal counsel, assist the child to contact a lawyer,
for example, by providing access to a telephone and the number for Legal Aid or the Commission
on Human Rights and Administrative Justice –CHRAJ.
¡¡ If you have not done so, notify a probation officer of the arrest since he or she is required to
complete a Social Enquiry Report on the juvenile for the Juvenile court.
VI. Child-Sensitive Investigative Interviews

When dealing with children, the investigative interview replaces the interrogation. During
interrogation of adults, police use psychological tactics to increase the stress and anxiety levels of
suspects, manipulating their vulnerabilities to obtain confessions. Interrogation techniques aim to get
the suspect to confess his or her guilt. This approach is not appropriate, nor effective, with children.
Because societal norms expect children to be obedient to authority and because of children’s greater
dependence upon adults, they are more vulnerable when adults use intimidation and manipulative
tactics. Studies in other countries have shown that, when subjected to prolonged questioning, threats
or inducements, and other inappropriate interrogation tactics, children are highly susceptible to
confessing to crimes that they did not commit. A special approach to interviewing children is therefore
needed to ensure that children’s rights are protected and justice is served.
The Ghana Police Service has adapted the PEACE method for interviewing child suspects, designed
by law enforcement in collaboration with psychologists in the United Kingdom. The adapted PEACE
method refers to Preparation and Planning, Engage and Build Rapport, Account, Clarification and
Further Questions and Ending (PEACE), and is a non-confrontational process of interviewing, aimed
at reducing stress, limiting reliance on nonverbal signals to indicate truth or falsehood, using open-
ended questions to solicit information and then examining inconsistencies in the suspect’s account.
The GPS will ensure that all interviews with children accused of an offence are conducted using the
steps outlined below, respecting the following principles:
¡¡ The number of interviews should be limited to as few as possible. This means that the child should
not be subject to interviews by a patrol officer, followed by interviews at the station by other officers
before an investigator is assigned to the case. The investigator shall conduct the interview.
¡¡ All interviews with children should be conducted in a safe and private environment where children
feel comfortable and free to discuss issues with the police. The setting must be comfortable and
both physically and psychologically safe for children and their family members. If there is no child-
friendly space available within the police station, request the use of another stakeholder’s child-

friendly space (such as a social worker’s space or an NGO) or use your creativity and take the
child to a space which offers privacy and is not intimidating, such as under a tree or in a small,
partitioned space within your station.9
¡¡ Insofar as possible, investigations should be conducted by or with the assistance of a Domestic
Violence and Victim Support Unit – DOVVSU officer who is trained in handling cases involving
vulnerable persons. If this is not possible in your district or area, a senior investigator should
handle the case, consulting with DOVVSU as necessary.
¡¡ Children in conflict with the law should be treated as a priority in the station and processed
without unnecessary delay.
¡¡ Children have the right to actively participate in the decisions affecting their lives. In a police
investigation, this includes informing children of the steps and purpose of the interview and giving
the child the opportunity to participate in deciding who will be present, how the interview might be
better adapted to his or her needs and what will happen after the interview.
¡¡ Children must be accompanied by a supportive adult (parent, guardian, relative, other adult of
the child’s choice or probation officer) whenever they are being questioned by the police. Children
also have the right to have a lawyer present.
¡¡ Electronic recordings are the most complete and accurate way to document interviews, capturing
the exchange between the child and the interviewer, as well as the exact wording of questions10.
Where only written interviews are possible, write the questions asked in full and try to take down
the child’s response word for word. Both of these documentation techniques will keep the number
of interviews to a minimum and respect the child’s age and attention span. (Juvenile Justice Policy
2015).
¡¡ Remember, during the interview, physical restraint may only be used in exceptional cases and
only when necessary for the security of the minor or another person. Physical restraint measures
should not cause humiliation or degradation and shall be used only for the shortest possible
period of time.
¡¡ The use of torture, force, violence, threat, deceit, false promises, intimidation or harsh treatment
against a child during an investigation is strictly prohibited.
VII. The Adapted PEACE Investigative Interview

¡¡ The purpose of the investigative interview is to learn about the child’s involvement in the
commission of an offence. This includes whether the child was involved, how he or she became
involved and why and if the child states that he or she was involved in the offence. Based on the
information received through the interview, police will determine the most appropriate next steps
for the processing and treatment of the child. The role of the police investigator is to learn what
happened, how it happened and why it happened. Instead of police relying on a child to confess to
a crime, police shall seek evidence to either support or refute the charges against the child, based
on the information received during the interview.
¡¡ The method for interviewing child suspects is a structured, 5-step approach.
9 With the exception of the DOVVSU national headquarters, no police station at the time of drafting this SOP had a child-friendly space. Until child-friendly
spaces are set up, it is recommended that police try to adapt a space for privacy in their own stations, use a child-friendly space nearby or find a small
space outside of the station, if possible, to provide some privacy and comfort for interviewing children.
10 Electronic recordings are not currently used by the GPS for interviewing juveniles. There are legal requirements for such statements to be accepted in court
proceedings which should be taught in the Detective Training School, once and if electronic recordings are implemented as part of regular practice.

15
1. Preparation and Planning
To prepare for the investigative interview, you must devote some time in advance to planning. This
includes:
»» Understanding the case well enough to know what information needs to be collected;
»» Assessing what evidence is already available and how it can be obtained;
»» Assessing what evidence is needed and how it can be obtained; and
»» Preparing the logistics of the interview, including recording devices, stationery, location
and the presence of a parent/guardian/close relative or probation officer, as well as legal
representation, if requested.
Remember - in the best interest of the child and the accuracy of the evidence, interviewers must pay
attention to the child’s emotional and physical needs. Plan to take regular breaks. Be mindful of a
child’s attention span, nutritional needs and bodily functions. Avoid multiple and lengthy interviews.
Set up a space for a child-friendly interview, insofar as you are able.
Before the child can be interviewed, a parent, guardian, close relative and/or legal counsel for the
child must be present to offer support and advice. If none of the above are available or the police do
not consider it to be in the best interest of the child to have them present, a probation officer must be
present. The police shall not proceed without this person(s) present. (Juvenile Justice Act, 2003, sect.
13). If the child or his/her family has requested legal representation for the interview, a lawyer must
be present during questioning.
2. Engage and Build Rapport

During this phase, you are setting the tone for the interview, developing a rapport with the child and
explaining the reason for the interview.
¡¡ Sit beside the child and not directly across from him or her. Adopt an open body language and use
language appropriate to the child’s age and development.

¡¡ If the interview is being recorded, begin after the recording devices have begun by stating the
date, time and location of the interview, as well as the full names and contact details of everyone
present. To make this less formal, you can engage the child, for example, by asking, “Do you know
what the date is?”
¡¡ Introduce yourself and any other persons present in the interview to the child.
¡¡ Ask if the child knows why he or she is there. Explain in simple language that you want to ask
questions about the event that led to the charges against the child.
¡¡ Inform the child and the child’s parent, guardian or appropriate adult of the child’s rights during
investigation in straight forward and simple language. Make sure the child has understood by
asking him or her to repeat back to you what you have said.
Remember, the child is entitled to the following procedural rights:
»» the right to keep silent,

»» the right not to incriminate him or herself,
»» the right to privacy at all stages of the investigation,
»» the right to parental or guardian accompaniment,
»» the right to the presence of legal counsel, and
»» the right to examine his or her charge sheet at any stage of the investigation.
Make the caution statement available during the interview if the child or his/her accompanying adult
would like to read it (Juvenile Justice Act, 2003, sect. 3, 13 and 20).
It is important to devote sufficient time to rapport-building. This will enable the child to relax and feel
more comfortable, allowing for more complete and accurate information collection. This step will
also allow you to become familiar with the child’s level of communication and development, which will
assist you to communicate effectively with the child for the rest of the interview.
¡¡ Tell the child that you would like to get to know him or her better and want to learn about him
or her. Ask the child about: a favourite subject at school, favourite activities during free time,
favourite books, games, sports or movies.
¡¡ This is an opportunity to model what will happen in the interview by using prompts for more
information. For example, if the child’s favourite sport is football, ask him or her, “Tell me more
about football.”
¡¡ To develop an understanding of the child’s recall and the level of detail about an event he or she
usually provides, ask the child to describe an event such as Christmas, the first day at school, Eid
al-Fitr, or some other special occasion, providing detail about what he or she did.
Be flexible during this phase. If the child is a teenager, it may not be necessary to devote much time to
rapport-building. Instead, he or she might wish to get straight to the interview.
During this phase you must also stress to the child the importance of telling the truth.
3. Account
This is the phase in which you obtain the child’s recollection of events, trying to obtain the fullest
possible account from the child in order to learn what happened and how he/she was involved.
Free narrative is the most reliable source of accurate and untainted information from a child and is
consequently the most important phase of the interview.

17
Remember – you should pay attention to the child’s attention span, nutritional needs and bodily
functions. As a general rule, interviews with children should last a maximum of one hour for children
between 12and 14 years of age and 90 minutes to two hours for a child between the ages of 14 and 18,
including breaks. Interviews may need to be stopped if a child becomes too upset or too restless. Take
breaks or reschedule interviews when the child requires it.
¡¡ Tell the child that you would like to begin the interview to understand what happened. Ask him or
her to describe what happened, from the beginning, in his or her own words. Allow the child to
speak uninterrupted, as this will provide the most important information for your understanding
of the case. You want to learn:
»» What happened?
»» Where did this happen?
»» How did this happen? How was the child involved, if at all?
»» When did this happen?
»» Who was there when it happened and what did they do?
»» Why did it happen?
»» How is the child now feeling about what happened?
¡¡ Advise the child that you will be taking notes and that he or she has the right to view these at the
end of the interview. Tell him or her that you will only share information with people who will be
involved further in the investigation and proceedings – the prosecutor, the magistrate and the
probation officer at the Department of Social Development/Welfare.
¡¡ Ask the child to begin.
¡¡ If he or she stops or pauses during the free narrative, encourage him or her with prompts, such
as, “What happened next?”; “Then what?”; “Tell me more about that”.
Remember to keep calm and underline that your role is to understand what happened. Be firm, but
also be respectful. Aggression may cause the child to shut down or push back (argue). Use a calm,
focused and non-confrontational verbal approach. Children are particularly attuned to verbal and
nonverbal judgment from adults, so you should refrain from any actions which could be interpreted as
negatively judging the child.
4. Clarification and Further Questions

Once the child has finished providing his or her explanation of events, the questioning phase can begin.
The purpose of this phase is to get missing information or more details and to clarify inconsistencies
that the child stated during his or her explanation. This should be done as much as possible with short,
simple, open-ended and non-leading questions. Do not ask questions that are answerable by either
yes or no, unless as a last resort. These tend to be leading questions that may force the child in a
particular direction or to say things that may not be true.
When seeking additional information, use language appropriate to the child’s age and maturity.
Children and adolescents do not have adult capacity to organise thoughts. They may need more time
to process information. Use the same terms used by the child during the course of the interview and
in note taking.

5. Ending
During this phase you are wrapping up the interview. Follow these guidelines:
¡¡ After the interview, summarise the important points covered by the child to make sure you
understood correctly.
¡¡ Ask the child to verify that you have understood correctly.
¡¡ Ask if the child has any questions and be honest in your responses. Never lie to a child.
¡¡ Explain what will happen next to the child and his/her parents/guardian. You could say something
along the lines of:
»» “The next step is for me to review your case with a prosecutor who will decide if the charge
should continue and go forward to court. If the prosecutor thinks it should go forward, I will
collect evidence and finish the investigation. If not, you will be free to go.”
»» “If your case goes forward, I will take you before the juvenile court, which will decide whether
you go home with your parents/guardian or whether you will stay in a special shelter to await
your trial. The decision has to be made within two days.”
»» “You will then be told to come to the juvenile court to have your case heard. Your parents/
guardian can be with you, a probation officer will be there, and you can have a lawyer present
helping you to understand the case.”
»» “Before your trial begins, the juvenile court might instead have you appear before a community
panel which is mostly made up of community members and a social worker. For this to happen
though, you must be guilty and be prepared to take responsibility.”
»» “Otherwise, you will go through a trial. If the juvenile court decides you are not guilty, you will
be free to go. If you are found guilty, the court will also decide what your sentence will be. You
could be released to your parents, asked to do some kind of service activity, put on probation
or sentenced to spend time in a corrections centre. “
Answer any further questions that the child and his or her family may have. The interview is finished.
Write up the details from the interview and attach to the Investigation Caution Statement. Maintain
absolute confidentiality of all information and records of the child’s case. (Juvenile Justice Act, 2003,
sect. 3) Only the police officers, probation officer, prosecutors’ office and judicial officers shall have
access to such records.
Your next step is to inform the police prosecutor of the case details, provide the Investigation Caution
Statement and investigation notes and seek guidance about the next steps. If the prosecutor advises
you to continue investigating, you will proceed with interviewing witnesses and/or the complainant, if
appropriate, and gathering evidence from the crime scene. Only if necessary, you may interview the
child again as part of your investigation. Your role is to seek corroborating evidence to either exonerate
the child or confirm his/her guilt. The procedures you follow to conduct investigations have been
developed by the Criminal Investigation Department and are not reiterated here.
VIII. Release/Remand
Release refers to when a child is sent home with a parent/guardian from the police station after
being arrested and interviewed. Instead, she or he is released on self-recognisance (agreeing
to appear before the juvenile court upon receiving a summons to answer to the charges made against her/
him and that, until such time, she/he will be on good behaviour) or the recognisance of a parent or

19
guardian (who agrees to ensure the child abides by the conditions). Because few, if any, police stations
have child-friendly spaces and holding areas, you should avoid holding a child at a police station,
instead releasing children to a responsible adult (parent/guardian/relative) on recognisance.
The Juvenile Justice Act makes it clear that the presumption in children’s cases is that they will be
released by the police. Section 14 says that a juvenile under arrest shall be released by the police
on self recognisance or a recognisance entered into by a parent, guardian, close relative or other
responsible person, unless:
»» the offence of which the juvenile stands accused is a serious offence, or

»» if it is necessary to remove the child from certain associations.
Release of children shall be made to parents, guardians, a social welfare officer, a fit person or, in
extenuating circumstances where there is no caregiver available (such as with a child living or working
in the street), a child can be released to an NGO operating a shelter/home or the state-managed
children’s shelter. If a parent or guardian is not available, consult with the social welfare officer on the
next best option.
Remember, it is most often in the best interest of the child to be released into parental/guardian care,
instead of being held at the police station or in remand while you await a judicial order about how to
proceed. Detention is a measure of last resort or where there are no other appropriate measures and
children should only be held for the shortest appropriate amount of time.
Holding a child is mandatory for “serious offences”, defined in section 46 of the Juvenile Justice Act as
offences such as robbery with aggravated circumstances, rape, defilement, indecent assault involving
unlawful harm, drug offences, offences related to firearms and murder.
If it is not possible to release the child and detaining the child is unavoidable, proper procedures must
be followed to secure a remand warrant from a juvenile court as soon as possible, and definitely within
the time frame specified by national legislation (48 hours). The child should not be in police custody
for more than 48 hours. This includes over the weekend. A magistrate must be found within 48 hours
to issue a remand warrant or release from custody for the child.
If there is no child-friendly holding area at the police station, the child shall be taken to the nearest
children’s remand home, shelter or released to a responsible adult, if no remand homes or shelters
are available.
In police custody children are never permitted to be held with adults or children of the opposite sex.
Children must never be physically restrained unless absolutely necessary to protect the child or
another person. The restraint used should not cause humiliation or degradation and be only for the
shortest appropriate period of time.
The personal needs of the child are paramount. The child should be in adequate facilities with all
necessary provisions, such as physical comfort, a bed for sleeping, sanitary conditions, access to food
and clean water for drinking and bathing. A child in police detention has the right to adequate food,
medical treatment if required, reasonable visits from parents, guardians, lawyers and close relatives
and any other conditions necessary for the welfare of the child. (Juvenile Justice Act, 2003, sect.15.6).
Children are free to wear clothing of their choice.
If a magistrate is found right away and the court issues a remand order for the child, the police are
responsible for transporting the child from court to the remand home. The police shall bring the

remand order with the child and fill out a referral form for the child’s case file, which will be copied
for the remand home, indicating future court dates for the child. The police shall be responsible for
picking up the child on those future court dates and bringing him or her to juvenile court.
If a child is remanded into custody, police must complete the investigation of the case as expeditiously
as possible to ensure the shortest possible duration of detention.
If the juvenile court grants bail or recognisance to the child, the child is released from the court to his
or her parents or guardian and the police officer shall contact the remand home to inform them of the
child’s bail or recognisance. In cases where no one stands for the child’s bail, the police will return the
child to the remand home.
Remember, if a child is on remand, parents/guardians/appropriate adults must be informed

immediately of the transfer, release, sickness or injury of a detained child.
IX. Reporting and Recordkeeping Procedures

As much as possible, investigations should be conducted by an investigator of the Domestic Violence
and Victim Support Unit (DOVVSU) who is trained in handling cases involving children in conflict with
the law. In remote areas not served by a DOVVSU, senior investigators may undertake investigations
involving children, seeking advice from DOVVSU as needed.
A comprehensive information management system for child protection shall be followed at police
stations. Separate records (with colour coded files) and use of a confidential database for cases
involving children in conflict with the law are required of all police. At a minimum, records will contain11:
¡¡ Name, age and sex of child;

¡¡ Offence alleged, classified according to the Juvenile Justice Act, 2003;
¡¡ Time, date and location of offence;
¡¡ Detailed information about anyone else involved, including victims;
¡¡ Details of police action, including files of formal cautions if completed;
¡¡ Name of parents, guardian, closest relative or adult accompanying the child;
¡¡ Copy of medical forms if child is injured or requires medical attention;
¡¡ Details about organisation(s) to which the child is referred, including the name of the person
receiving the child;
¡¡ Name of probation officer, social worker, legal counsel or child-service provider assisting the
child;
¡¡ Disposition of the case (details of the outcome of the case).
The police shall ensure the confidentiality of all interviews, evidence and records of a child in conflict
with the law. The police shall not reveal or publish any information that may lead to the identification
of the child, except in instances which are deemed for the best interest of the child, such as locating a
missing child. Only police officers, investigators or judicial actors directly working on the child’s case
shall have access to these records.
11 The case docket electronic document file includes all of this data and can be printed off for use at stations without web access until they come on line.

21
X. Referral Procedures for Children in Conflict with the Law
The most common referral agents for children who come into conflict with the law include the
following:
¡¡ Registered medical professionals – when a child requires medical, including psychiatric, attention
and treatment
¡¡ Legal aid – as soon as there is intention to question the child, legal support and guidance must be
made available to the child if she/he and/or the family requests it
¡¡ Probation officers / social welfare officers - must be notified as soon as possible after a child is
arrested. They assist with family tracing as necessary, and must attend interviews in the absence
of a parent/guardian. They can provide psychosocial support to the child once he or she leaves the
police station, as well as overseeing diversion processes when the child is diverted from the formal
justice system. They are also responsible for completing a Social Enquiry Report, as ordered by
the juvenile court, should the child be formally charged. When the court sentences a child to
probation, probation officers oversee the child’s progress. The Justice for Children Policy foresees
a role for probation officers to convene and sometimes participate in mediation and community-
based resolution processes, although these are not yet fully developed, nor implemented.

¡¡ Communities, chiefs, queen mothers and regents, religious leaders, district assembly
representatives – when informal and formal cautions are used, communities can offer support
and correction to the child and his/her family, as well as convening restorative justice processes
to reconcile the child offender with his or her victim.
¡¡ Remand home – children should be held in remand only when a parent/ guardian, extended family
member, fit person or NGO is not available to keep the child or the charge is a serious offence.
¡¡ NGOs – can fill in gaps where formal institutions are absent by providing shelter, psychosocial
support, reintegration support and services, legal support and services and some oversight of
diversion processes, where necessary.
XI. Forms to Use for Children in Conflict with the Law

The following forms have been attached:
¡¡ Formal caution without conditions Form 1A (JJA)

¡¡ Formal caution with conditions Form 1B (JJA)
¡¡ CID Form no. 6
¡¡ Statement Form (CID Form No. 30)
¡¡ Electronic Case Docket Form (proposed)
¡¡ Referral Form (proposed)
¡¡ Police Removal Form CID Form no. 77 (proposed)

23
ANNEX 1
FORMAL CAUTION WITHOUT
CONDITIONS FORM 1A (JJA)
ANNEX 1: FORMAL CAUTION WITHOUT CONDITIONS
FORM 1A (JJA)
FORM 1A
Police Caution without Conditions
Referral of caution details to Commissioner of Police C.I.D.
Police Officer: Date:
Tel. No.
Station: Area:
Police Station Caution Ref. No.
To:.................................................................................................(Police Commissioner)
Details of the Accused

Name:
Residential/Postal
Address
Telephone No.
Sex Male Female
Age
Identity No
Offence
I, the undersigned do acknowledge that...................................(Name of child) was formally

cautioned in the manner described and the consequences of his/her behaviour were explained to
him/her.
Signed on this.............................
Rank of Police Officer Service No. of Police Officer
Standard Operating Procedures –Protocols/Procedures for

Children in Conflict with the Law
CHILDREN IN CONFLICT WITH THE LAW Page 23

ANNEX 2
FORMAL CAUTION WITH
CONDITIONS FORM 1B (JJA)
ANNEX 2: FORMAL CAUTION WITH CONDITIONS FORM 1B
(JJA)

FORM 1B
Police Caution with Conditions
Enquiries: Date: : Rank & Full Name of

Investigating Officer
Tel: No.:
Case No: Police Station and area Tel. No. of Investigating

Officer:
Probation Officer Full Probation Officer Service Probation Officer Case No.
Office
Name
Probation Officer Tel. No Police Station Caution Ref. No.:
To:........................................................................................(Accused Name)
Contact Particulars:
Address:
Sex: Age Identity No:
Male Female
Offence:
As you have admitted committing the above offence and are taking responsibility for your actions,
you are being given a chance. You are hereby reprimanded. You are warned not to commit the
offence again. A copy of the formal caution will be sent to the Regional Police Commander. A
record of your offence will be kept there for two years. If you commit another offence, this caution
may influence the way you are dealt with.

Children in Conflict with the Law Page 24
PROTOCOLS/PROCEDURES FOR 25
Cautioning details:
People present:
Parent
Guardian
Close relative
Probation Officer
Other
Details:....................................
The following are the conditions of your caution:
Verbal apology to parents/victim.
Written apology to family/victim.
Return.................................................................................................................
Give the following item in place of stolen/damaged

item.........................................................................................................................
Fix or repair.........................................................................................................
Assist to fix or repair............................................................................................
Attend school regularly—no truancy
Police officer to monitor
Perform..............................hours (specify 10-30 hours) of community service
at................................................................................................................................
Other..........................................................................................................................
(tick as appropriate)


The above will be completed by..............................................(accused) no longer than 2 months
from date of caution....................................(parent, guardian, close relative) will be responsible for
monitoring your progress and will give feedback to............................................(police officer)
at...................................(telephone number) or at the .....................................police station at
.............................................(address) by the.....................................................................
Should you fail to comply with the above conditions, your case will be referred back to the
probation officer to decide what further action to take in terms of the Juvenile Justice Act.
Signed on this.......................................................day of...............................................
.......................................... ..............................................
Signature of Police Officer Full name of Police Officer
................................................. ..............................................
Rank of Police Officer Service No. of Police Officer



27
ANNEX 3
CID FORM NO. 6

29
ANNEX 4
STATEMENT FORM
(CID FORM NO.30)
(Used as to take both Investigation Caution Statement and Charge Caution Statement)

ANNEX 5
ELECTRONIC CASE
DOCKET FORM
ANNEX 5: ELECTRONIC CASE DOCKET FORM
(proposed)
Date of Report {fixed data field: dd/mm/yy} Station Diary Reference Number ____________
Time: _________ Automatically Generated Case # ____________
Officer taking report {fixed data field of names in station}
Complainant: Complainant is victim? {fixed data field: Yes/No}
Name _______________
Address _____________
Phone ______________
Sex {fixed data field: M/F} Age {fixed data field: 0-2, 3, 4, …} Race/ethnicity {fixed data field}
Occupation __________ Literate {fixed data field: Yes/No} Language {fixed data field}
Offences as Reported:
Type of offence {fixed data field: all criminal code offences}

Date of occurrence {fixed data field: dd/mm/yy}
Time: _________
Accused:
Name _______________
Address _____________
Phone ______________
Occupation __________ Literate {fixed data field: Yes/No} Status {fixed data field}
Detained –police
Detained- court remand
Released-own recog
Accused Juvenile: {fixed data field: Yes/No} Released-family recog
Not arrested {fixed data field: Yes/No} Informal caution

Formal caution
- No conditions
- With conditions
Referral {fixed data field: Yes/No} Registered medical practitioner
Social welfare officer
Probation officer
Legal aid/representation
Community programme
Fit Person
NGO
Other ______________________

Special Instructions (health, allergies, disabilities, etc.) _________________________________
Referral Contact Name __________________________

Organisation__________________________________
Telephone____________________________________



31

Diversion used {fixed data field: Yes/No} List of types of diversion developed through J4C
policy
Referral Contact Name _______________________
Organisation__________________________________
Telephone____________________________________

Property stolen/recovered: _______________________________
Victim:
Name ________________
Address _____________
Phone ______________
Occupation __________ Literate {fixed data field: yes/No} Language {fixed data field}
Trauma suffered/treated {fixed data field } Physical – medical exam Y/N

Sexual- medical exam Y/N
Psychological – medical exam Y/N
Other ___________ medical exam Y/N
Suspected Trafficking Case: {fixed data field: yes / no}
Referred {fixed data field: yes/no} AHTU Office _________________

Investigator___________________
Contact ______________________

Victim is found child without parental care {fixed data field: Yes/No}

Referred {fixed data field: yes/no} Registered medical practitioner
Social welfare officer
Children’s shelter
Fit person/community
Legal aid/representation
NGO
Other _______________
Special Instructions (health, allergies, disabilities, etc.) _________________________________

Referral Contact Name __________________________
Organisation__________________________________
Telephone____________________________________
Case Disposition {fixed data field} Case dismissed

Case sent to prosecution
- Pending (court date)
- Closed
- Innocent
Court Decision Date {fixed data field: dd/mm/yy}
- Convicted
- Sentence _______________
Reg. No. of LSRP 12 ________________________

Officer responsible for case _______________ Police Gazette Number _______________ Page 31

12
12
Register of “Lost Stolen and Recovered Property”

ANNEX 6
REFERRAL FORM
(PROPOSED]
ANNEX 6: REFERRAL FORM (proposed]
Date ____________________ Officer handing over ______________________
Police Station/Region/District ____________________________________________________________
Case reference, if available13 _____________________________________________________________
Child victim or witness: Y / N Which? Specify:_______________________________________
Juvenile suspected of offence: Y / N
Upcoming court dates: __________________________________________________________________
Name ________________________________________________________________________________
Address______________________________________________________________________________
Phone contact _________________________________________________________________________
Date of birth _____________________________ Age: _________ Sex: male / female
Health issues __________________________________ Language ______________________________
In school: Y / N Class? Specify ___________ School name ___________________________________
Address of school______________________________________________________________________
Medical exam completed on child: Y / N Injuries or illness? Specify: ___________________________
Special instructions _____________________________________________________________________
Parent/guardian/caregiver/responsible adult name ___________________________________________
Address of person above ________________________________________________________________
Phone contact for person above __________________________________________________________
Referral Made To:

Social Welfare □ Probation □ Community □: Specify _________________________
Shelter: governmental / NGO□: Name _________________________ Health Service □
School □: Name ___________________________ Other □: Specify _________________________

Contact Name ______________________________ Signature ____________________________
Date of handover ________________________ Time of handover _____________________
Officer handing over signature ________________________________________

13
Should this be Station Diary Reference, RO no., automatically generated case file number or other?
PROTOCOLS/PROCEDURES FOR 33
ANNEX 7
POLICE REMOVAL FORM:

CID FORM NO. 77
ANNEX 7 – POLICE REMOVAL FORM: CID FORM NO. 77
(PROPOSED)
(Proposed)
REMOVAL OF PRISONER FORM

Name of Prisoner:…………………………………………………………………………………...
Cell Book entry number (if any)……………………………………………………………………...
Name of Probation Officer…………………………………………Phone Number………………
Name of Investigator ………………………………………………Phone Number……………......
List of property belonging to prisoner (including what he/she is wearing)
………………………………………………………………………………………………………
………………………………………………………………………………………………………
List of documents sent with prisoner
………………………………………………………………………………………………………
………………………………………………………………………………………………………
Police Officer-in-Charge of ……………………….Station
Phone number……………………………………………..
……………………………………………………………………….day of…………20…………….
The above mentioned property and documents checked and received correct
……………………………………signature
Police Officer-in-Charge of ……………………….Station
Phone number……………………………………………..
……………………………………………………………………….day of…………20…………….
Original to be kept by the Prison
Duplicate to be returned to the Station by escort
Triplicate to be retained in Station records

STANDARD OPERATING PROCEDURES – Page 34

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GHANA POLICE SERVICE

STANDARD OPERATING PROCEDURES FOR

B. STANDARD OPERATING PROCEDURES................................................................................6

STANDARD OPERATING PROCEDURES –

STANDARD OPERATING PROCEDURES –

Dr. John Kudalor

STANDARD OPERATING PROCEDURES –

STANDARD OPERATING PROCEDURES –

¡¡ The Constitution (1992) ¡¡ Juvenile Justice Act, 2003 (Act 653)

STANDARD OPERATING PROCEDURES –

III. Implementation and Monitoring

IV. Guiding Principles

STANDARD OPERATING PROCEDURES –

¡¡ The health, development, safety and/or protection of the child;

2. Adopting a Child-friendly Approach

STANDARD OPERATING PROCEDURES –

¡¡ The right to safety at all times

4. Priority to Diversion and Restorative Approaches

STANDARD OPERATING PROCEDURES –

5. Arrest, Custody and Remand as a Last Resort

7. Respect for Children’s Privacy and Confidentiality

V. Police Role in Crime Prevention

STANDARD OPERATING PROCEDURES –

STANDARD OPERATING PROCEDURES –

These Standard Operating procedures provide instruction for handling children in

a. Determine if the child is in conflict with the law or in need of care/protection

STANDARD OPERATING PROCEDURES –

¡¡ Notify a social welfare officer at the Department of Social Development/Welfare.

a. a birth certificate, weighing card or medical record at birth;

STANDARD OPERATING PROCEDURES –

¡¡ Determine the category of the offence:

STANDARD OPERATING PROCEDURES –

If you determine that an informal caution is appropriate, follow these procedures:

¡¡ Give the warning on the spot.

STANDARD OPERATING PROCEDURES –

a. verbal apology to victim/victim’s parents;

III. Arrest Procedures for Children

STANDARD OPERATING PROCEDURES –

Follow these procedures:

STANDARD OPERATING PROCEDURES –

IV. Escorting a Child

When transferring a child:

¡¡ Do not use force or restraint unless it is strictly necessary;

V. Handling Children at the Police Station

Upon arriving at the police station, follow these procedures:

STANDARD OPERATING PROCEDURES –

VI. Child-Sensitive Investigative Interviews

STANDARD OPERATING PROCEDURES –

VII. The Adapted PEACE Investigative Interview

STANDARD OPERATING PROCEDURES –

2. Engage and Build Rapport

STANDARD OPERATING PROCEDURES –

»» the right to keep silent,

STANDARD OPERATING PROCEDURES –

4. Clarification and Further Questions

STANDARD OPERATING PROCEDURES –

STANDARD OPERATING PROCEDURES –

»» the offence of which the juvenile stands accused is a serious offence, or

STANDARD OPERATING PROCEDURES –

Remember, if a child is on remand, parents/guardians/appropriate adults must be informed

IX. Reporting and Recordkeeping Procedures

¡¡ Name, age and sex of child;

Date of birth _____________________ Age: _ Sex: male / female

Health issues ____ Language

In school: Y / N Class? Specify _ School name _________________________

Contact Name __ Signature

Date of handover ____ Time of handover _