Attorney General and Minister of Justice-designate, Dr. Dominic Ayine, has expressed reservations about the potential reintroduction of the Criminal and Other Offences (Procedure) Amendment Bill, citing fundamental disagreements with its provisions.

During his vetting before Parliament’s Appointments Committee on Monday, January 13, 2025, Dr. Ayine criticized the bill, which was first passed by Parliament on June 27, 2022.

The bill, introduced by then-Attorney General Godfred Yeboah Dame, sought to amend the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), primarily by incorporating plea bargaining into Ghana's justice system for the first time.

Dr. Ayine voiced opposition to the rationale behind certain aspects of the bill, particularly its treatment of preliminary applications.

He questioned the premise that such applications unnecessarily delay trials, arguing instead for their importance in ensuring due process.

“The idea that preliminary applications are being used to delay the conclusion of trials—I disagree fundamentally.

Lawyers should not be constrained from bringing applications that address technical or procedural issues overlooked by judges,” he asserted.

He further emphasized the judiciary’s role in managing such applications efficiently, stating, “It is incumbent on the judiciary to dispose of these applications expeditiously to allow substantive trials to proceed.”

Dr. Ayine also criticized attempts to use legislation to limit lawyers from filing preliminary applications, describing such provisions as restrictive and counterproductive.

“These applications are often fundamental to ensuring adherence to the law and procedure under Act 30.

I fundamentally disagree with any attempt to curtail them,” he added.

While pledging to review the bill if tabled again, Dr. Ayine noted, “I have significant issues with its logic and will critically assess its provisions to ensure fairness and effectiveness.”

The Criminal and Other Offences (Procedure) Amendment Bill, passed by Parliament in June 2022, was designed to formally introduce plea bargaining into Ghana's justice system.

Plea bargaining allows an accused person to forgo a full trial in exchange for certain benefits, such as reduced sentences or charges.