Section 97 - Privilege against self-incrimination

(1) In any proceedings a person has a privilege to refuse to disclose a matter or to produce an object or a writing which will incriminate that person.

(2) A person does not have a privilege under subsection (1) where the Court thinks that it is necessary to the determination of an issue, to refuse

(a) to submit to physical examination for the purpose of discovering or recording the corporal features and other identifying characteristics, or the physical or mental condition of that person, or

(b) to furnish or to permit the taking of samples of body fluids or substances for analysis, or

(c) to speak, write, assume a posture, make a gesture, or do any other act for the purpose of identification.

(3) An accused in a criminal action who voluntarily testifies on behalf of the accused in the action does not have a privilege under subsection (1) to refuse to disclose a matter or produce an object or a writing which is relevant to an issue in the criminal action.

(4) A matter, an object or a writing will incriminate a person within the meaning of this Act if it

(a) constitutes, or

(b) forms an essential part of, or

(c) taken in connection with other matters already disclosed is a basis for a reasonable inference of,

a violation of the criminal laws of Ghana.

(5) Notwithstanding subsection (4), a matter, an object or a writing which would otherwise incriminate a person will not incriminate that person where that person has for a reason become permanently immune from punishment for a violation of the criminal laws of Ghana which may reasonably be inferred from that matter, object or writing.