An exploration of virtual criminal investigations in Ghana : legal issues and challenges

Abstract

The widespread cybercrime has caused changes and brought about a need for new investigative skills, laws and enforcement procedures to attack these obstacles. Since technological crimes committed through the information superhighway or the internet is evolving very rapidly, efficacious enforcement of cybercrime is becoming extremely challenging. Cybercrime is both a national and international issue and local legislation alone cannot be able to combat the menace. Digital evidence permeates every aspect of the average person's life in today's society and no matter what you are doing these days, a digital footprint is probably being created and contains some type of digital evidence that can be recovered through digital forensic investigation It requires stringent laws, skilled personnel, well-established institutions, and transnational response. To efficaciously combat cybercrime, countries, states or governments must establish an independent anti-cybercrime unit and design national guidelines for digital evidence collections to combat the canker. This thesis, therefore, presents an examination of the virtual crime or cybercrime investigation challenges and legal issues on electronic evidence in Ghana. The study examines the existing cybercrime laws and practices in Ghana and makes a comparative study from other jurisdictions. Also, the study draws a survey from the international legal framework on cybercrime and electronic evidence on various methods and procedures that can be used to conduct digital forensic search and seizure of electronic evidence and investigation when cybercrimes occur. Recommendations were made which include formulation of stringent laws, establishing the national Cybercrime investigation Strategy and policies, the establishment of national guidelines for digital evidence collections, develop anti-cybercrime tool-kit for the collection of digital evidence, the establishment of digital forensic training institutions in all regions of Ghana for hands-on skilled based training for law enforcement officers and judges to ensure efficiency in the process of digital forensic investigation and prosecution of cybercrimes in Ghana are given.