DEAR Mirror Lawyer, My cousin, Awura, was just convicted by the High Court of murder. Immediately after her conviction, her lawyer informed the court that she was about two months pregnant and,therefore, could not be sentenced by the court.
The prosecutor for the state opposed the plea and urged the court to impose life imprisonment on her, even though she is pregnant.
According to him, the mandatory punishment for murder in all cases is currently life imprisonment.
I am confused by the different interpretations of two distinguished lawyers who studied at one of the country’s prestigious law schools.
May I know whether there is any cause for concern for Awura’s family?
Gean Nyarko, West Legon.
Dear Gean, under Section 312 of the Criminal and Other Offences (Procedure) Act 1960 (Act 30), where a woman is convicted of an offence punishable by death, the court must order a pregnancy test, unless there is reason to believe she is post-menopausal.
If the woman tests positive for pregnancy, the court will pass a sentence of life imprisonment rather than death.
Under Section 313A of Act 30, where a woman is convicted of a non-capital offence, she must be tested for pregnancy as well, unless there is reason to believe she is post-menopausal.
If she tests positive, the court must pass a non-custodial sentence or may suspend the sentence for a period.
While in prison, the prison authority and the Department of Social Welfare shall arrange for her health needs and ensure that after delivery, her child does not remain in prison.
Thus, under the law, a death sentence cannot be pronounced on a pregnant woman. In Awura’s case, she must undergo a pregnancy test and if the result confirms she is pregnant, the court will instead impose a sentence of life imprisonment.
Following her delivery, the court will direct the Department of Social Welfare to ensure that her child does not remain in prison and to provide appropriate arrangements for the child’s care and welfare outside the prison environment.
Furthermore, Awura must seek her lawyer’s assistance to continue navigating her legal challenges effectively.
A competent lawyer will be instrumental in advocating her rights, guiding her through the judicial process and exploring any additional legal remedies or appeals available in her case.
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