Plea bargaining or plea arrangement provisions are to be introduced to the Criminal Procedure Code (CPC) with the aim of resolving criminal cases expeditiously, the Justice Ministry has announced.
Cabinet approval was given earlier this month to present the amendments in Parliament.
The Justice Ministry said plea agreements would help minimise the backlogs of cases by reducing delays in court proceedings and also reducing prison overcrowding.
According to the proposed amendment, an accused person and the prosecution can enter into an agreement where the accused will plead guilty instead of going to trial, in consequence of which a recommendation could be obtained to minimise the sentence and reduce the fine or restitution amount.
The plea agreements can be entered into by those charged in the Magistrate’s Court and the High Court before the sentence is passed.
The sole discretion on whether or not to enter into a plea agreement with the accused shall be with the prosecutor.
During the plea negotiations, the prosecutor is required to consider the nature and circumstances relating to the case, the impact of the commission of the offence on the victim, the personal circumstances of the accused, 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 negotiations.
Once the court accepts that all the terms and conditions of the plea agreement have been fulfilled by the accused, the prosecution will agree that the accused will face no other charges from the investigation that led to the present indictment.
An accused who enters into a plea agreement and pleads guilty will do so freely, voluntarily, without threat, force, intimidation, or coercion of any kind, and without promise or benefit of any kind other than as contained in the law.
The plea agreement will be valid only after it is signed by the accused after he or she has been advised by a legal representative and the court of his or her constitutional rights, including the right to trial, the right to examine and cross-examine witnesses, and being well informed, and has knowingly and voluntarily waived these rights, including the right to appeal.
The information obtained from an accused during the course of plea negotiations cannot be used against him or her during the prosecution of the case if the plea negotiations are unsuccessful. The amendment, which was published in the gazette on Thursday, will be presented to Parliament by Justice, Prison Affairs and Constitutional Reforms Minister Wijeyadasa Rajapakshe.
Source: Sunday Times
