6. Insertion of new section 197A in the principal enactment

The following new section is hereby inserted immediately after section 197 of the principal enactment and shall have effect as section 197A of that enactment: -

197A. (1) A plea agreement may be entered into between the prosecutor and an accused who is indicted in the High Court, at any time before the sentence is passed, subject to the procedure specified in this section.

“Plea of guilty and sentencing without written plea agreement”.

“Plea of guilty and sentencing with written plea agreement

Code of Criminal Procedure (Amendment)

Where the parties to a case intend to negotiate a plea agreement under this section, the court shall be informed of the same:

The prosecutor, the Attorney-at-Law for the accused, or the accused, may initiate the offer to enter into a plea agreement:

If the accused is indicted in the High

Negotiations for a plea agreement shall be conducted between the prosecutor and the

As part of the plea negotiation process, the prosecutor may meet with the Attorney-at-Law for the accused to ascertain to the satisfaction of the prosecution, a complete description of the criminal conduct engaged

During the plea negotiations with the

consider the nature and the circumstances relating to the case, the impact of the commission of the offence on the victim, the personal circumstances of the accused, and the interests of the public, and the value of any information provided by the accused, including any cooperation provided by the accused as part of the negotiation;

not use the information obtained from an accused during the course of plea negotiations against him during the prosecution of the case if the plea negotiations are ultimately unsuccessful; and

afford-

the victim;

the victim’s Attorney-at-Law;

the National Authority for the

(a) A prosecutor and the accused or the

Notwithstanding the recommendation of the parties, the court shall retain the sole discretion in sentencing and discretion to indicate the sentence that may be imposed.

Where the prosecutor recommends to the court the imposition of a sentence that is more severe than the recommendation included in the plea agreement, the accused may withdraw the plea of guilty and set aside the plea agreement.

Where an accused has withdrawn the plea under paragraph (c), the Judge shall proceed to trial as if a conviction has not been entered.

Where the accused recommends to the court the imposition of a sentence that is less severe than the recommendation in the plea agreement the accused shall not be permitted to withdraw the plea of guilty on the ground alone.

Where the accused person recommends to the court the imposition of a sentence that is less severe than the recommendation in the plea agreement, the prosecutor may recommend to the court any other appropriate sentence.

(a)) The prosecutor shall present the court with the factual basis of the plea set out in the plea agreement by presenting the court with the final plea agreement at the hearing, where the accused pleads guilty in accordance with the terms of the plea agreement. The factual basis shall be included in writing as part of the completed plea agreement.

The plea agreement submitted to the court shall be in the format specified in Form 23 in the Second Schedule.

Where the accused is a child, the plea agreement shall be signed by the child’s parent or guardian.

A plea agreement shall be finalized when the accused signs the agreement.

Upon being satisfied that the accused signed the plea agreement knowingly and voluntarily, the court may accept the plea agreement.

Where the court accepts a plea agreement, the agreement shall become binding upon the parties and the court shall proceed to convict the accused accordingly.

An appeal shall not lie from a conviction imposed after the court has accepted the plea agreement and convicted the accused under subsection (11).

An appeal shall not lie from a sentence imposed by the court which falls within the range of punishment recommended by the parties in the plea agreement.

Where the court rejects a plea agreement–

the reasons for such rejection shall be recorded and the parties shall be informed thereof; and

the plea agreement shall become null and void and the parties shall not be bound by such agreement.

Upon rejection, or withdrawal, of a plea agreement, fresh plea negotiations in a trial relating to the same charge and facts may be considered.

Where the court has rejected a plea agreement under this section, no party shall appeal against, or apply for a review of, the order of the court rejecting the agreement.

For the purposes of this section –