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                                              PUNISHMENT OF HABITUAL CRIMINALS 
                                              ACT, 1963 (ACT 192)</span></p>
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                                              ARRANGEMENT OF SECTIONS</span></p>
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                                              Section</span></p>
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                                              1. Punishment of Habitual Criminal 
                                              Offenders.</span></p>
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                                              2. Medical Examination of Offender 
                                              in Certain Cases.</span></p>
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                                              3. Convictions by Circuit, 
                                              District and Local Courts.</span></p>
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                                              4. Repeal and Transitional 
                                              Provision. </span></p>
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                                              5. Construction of this Act.</span></p>
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                                              THE HUNDRED AND NINETY-SECOND</span></p>
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                                              ACT OF THE PARLIAMENT OF THE 
                                              REPUBLIC OF GHANA</span></p>
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                                              <b>
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                                              ENTITLED</span></p>
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                                              THE PUNISHMENT OF HABITUAL 
                                              CRIMINALS ACT, 1963</span></p>
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                                              AN ACT to provide for the 
                                              punishment of habitual criminal 
                                              offenders and for purposes 
                                              connected therewith.</span></p>
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                                              DATE OF ASSENT: 9th October, 1963.</span></p>
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                                              BE IT ENACTED by the President and 
                                              the National Assembly in this 
                                              present Parliament assembled as 
                                              follows:&#8212;</span></p>
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                                              Section 1&#8212;Punishment of Habitual 
                                              Criminal Offenders.</span></p>
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                                              (1) Where a person who is not less 
                                              than twenty years of age&#8212;</span></p>
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                                              (a) is convicted of any offence 
                                              other than an offence for which he 
                                              is liable to suffer death; and</span></p>
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                                              (b) has been convicted previously 
                                              of at least two offences, each of 
                                              which is either a felony or a 
                                              misdemeanor; and</span></p>
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                                              (c) it appears to the High Court, 
                                              after enquiring into the 
                                              circumstances of the case, that by 
                                              reason of his criminal habits or 
                                              tendencies or of his association 
                                              with persons of bad character, it 
                                              is expedient for the protection of 
                                              the public that he should be 
                                              detained in custody for a 
                                              substantial period, </span></p>
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                                              the Court shall, subject to the 
                                              next following section, pass (in 
                                              lieu of any other sentence) a 
                                              sentence of preventive custody 
                                              with productive hard labour for 
                                              such term, not being less than ten 
                                              years, as the Court may determine.</span></p>
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                                              (2) In this Act the expression 
                                              &quot;productive hard labour&quot; has the 
                                              meaning assigned to it by the 
                                              Public Property (Protection) and 
                                              Corrupt Practices (Prevention) 
                                              Act, 1962 (Act 121).</span></p>
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                                              Section 2&#8212;Medical Examination of 
                                              Offender in Certain Cases.</span></p>
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                                              (1) Where in the case of any 
                                              offender to whom subsection (1) of 
                                              the foregoing section applies the 
                                              High Court has reason to believe 
                                              that his physical or mental 
                                              condition is such as to render him 
                                              unsuitable for a sentence of 
                                              preventive custody with productive 
                                              hard labour under that section, 
                                              the Court shall, before passing 
                                              such sentence&#8212;</span></p>
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                                              (a) cause an enquiry to be held 
                                              into, and a written report to be 
                                              made on, the physical and mental 
                                              health of that offender by a 
                                              medical Board consisting of not 
                                              fewer than two suitably qualified 
                                              medical practitioners appointed by 
                                              the Court after consultation with 
                                              the Chief Administrator of the 
                                              Ministry of Health;</span></p>
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                                              (b) consider the report of the 
                                              Board and take such further 
                                              medical evidence concerning the 
                                              offender as the Court thinks fit; 
                                              and</span></p>
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                                              (c) furnish the offender or his 
                                              lawyer with a copy of the report.</span></p>
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                                              (2) Where, having regard to such 
                                              report or further medical 
                                              evidence, or to any 
                                              representations made by or on 
                                              behalf of the offender, the Court 
                                              is satisfied that his physical or 
                                              mental health is such as to render 
                                              him unsuitable for a sentence of 
                                              preventive custody with productive 
                                              hard labour, but for no other 
                                              reason, the Court shall (in lieu 
                                              of such sentence) pass such other 
                                              sentence as is authorised by law 
                                              in relation to the offence of 
                                              which he is convicted.</span></p>
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                                              Section 3&#8212;Convictions by Circuit, 
                                              District and Local Courts.</span></p>
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                                              (1) Where the Court by which an 
                                              offender to whom paragraphs (a) 
                                              and (b) of subsection (1) of 
                                              section 1 of this Act apply is 
                                              convicted is a Circuit Court, 
                                              District Court or Local Court, the 
                                              Court shall not pass sentence upon 
                                              him but shall commit him for 
                                              sentence to the High Court, and 
                                              any enactment relating to the 
                                              powers of any Court upon committal 
                                              for trial shall apply, so far as 
                                              is relevant, to the committal for 
                                              sentence.</span></p>
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                                              (2)&nbsp; Following such committal the 
                                              High Court shall have power to 
                                              deal with the offender as if he 
                                              had been convicted by that Court 
                                              of the offence (and, if the 
                                              offence is an indictable one, as 
                                              if he had been convicted on 
                                              indictment) and the conviction and 
                                              sentence shall be subject to 
                                              appeal as if he had been so 
                                              convicted.</span></p>
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                                              Section 4&#8212;Repeal and Transitional 
                                              Provision. </span></p>
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                                              (1) Section 402 of the Criminal 
                                              Procedure Code, 1960 (Act 30) 
                                              (which section relates to 
                                              preventive custody) is hereby 
                                              repealed.</span></p>
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                                              (2) The repeal of the said section 
                                              402 shall not affect any case in 
                                              which, at the date of the passing 
                                              of this Act, enquiries are being 
                                              made under subsection (2) of the 
                                              said section; and any such case 
                                              shall continue to be dealt with by 
                                              the High Court as if this Act had 
                                              never been passed.</span></p>
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                                              Section 5&#8212;Construction of this 
                                              Act.</span></p>
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                                              This Act shall be read as one with 
                                              the said Criminal Procedure Code.</span></p>
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