Re-evaluating Ghana's Juvenile Justice System and Sentencing Policies towards a Reformative Punishment Module

In 2020, a 15-year-old boy, Issah, was arrested in the North East Region of Ghana for allegedly leading a gang to steal a motorbike. He was put in a remand adult prison, beaten with canes, and tortured with electric shocks to force a confession out of him. Issah was not offered bail within 48 hours per the law. Instead, he was detained at the regional prison where adult convicts are kept. He was later released on bail after a human rights organization learned of his ordeal. His story reflects the stories of many juveniles arrested, tortured, and detained in adult prisons despite comprehensive Juvenile Justice laws in Ghana prohibiting same. Also, detained juveniles cannot access programs that may reform and reintegrate them into society after serving their sentences. These issues call for an examination of Juvenile Justice laws and sentencing in Ghana. To this end, this research paper seeks to investigate the functioning of the Juvenile Justice Act of Ghana, , and set out proposed legal reforms to the current challenges with the law and its implementation. It is presented in three parts. Part one will discuss the background of juvenile justice in Ghana and the policy considerations behind the current laws on the subject. Part two will examine the effectiveness of the law and its institutions. Finally, the paper will discuss recommendations and policy proposals to assist the government and law enforcement agencies in rethinking juvenile sentencing and punishment in the third and final part.