Deputy Attorney General Alfred Tuah-Yeboah has indicated that the plea bargaining regime will not be used to shield criminals.
He explained that individuals charged with sexual offences, election-related crimes, and similar serious offences will not be eligible for the benefits of the plea bargaining act.
“The guidelines should not be an excuse or used as a springboard for the evasion of justice. And to the public, the application of the Plea Bargaining Act shouldn’t be seen as an attempt to undermine justice.
“In appropriate cases where we need to apply the law, the law will be applied. In cases where we cannot apply the law, the law will not be applied.
“And so as you take the guidelines back to your regions, stick to the guidelines so well, and make sure those who deserve the benefit of the guidelines get it. Those who do not deserve it, don’t give it to them.
“And to the criminals out there, if you think that by launching these guidelines, you are going to just commit crimes and go clean the net, be on notice; the plea bargaining act will not be used as a shield for criminals to perpetuate their wrongful activities.”
About Pre Bargaining
On Friday, June 24, 2022, Parliament enacted a Bill amending the Criminal and Other Offences (Procedure Act), 1960 (Act 30) to legally include plea bargaining into Ghana’s judicial system for the first time.
A plea bargaining agreement must be in writing and signed by all parties. It must include a statement that the accused person was informed of their rights before entering the agreement, the terms of the agreement, relevant facts of the case, any admission made by the accused person, the charges the accused person agrees to plead guilty to, the recommended sentence to the court, and any restitution or compensation to be paid by the accused person.
Per the law, the prosecutor is also mandated to provide all necessary documents and materials to the accused person in order for them to prepare a defence or negotiate fairly.
This comprises the charge sheet, the prosecution’s case facts, statements made by the accused or others, pertinent documents and recordings, and any exculpatory evidence in the prosecutor’s possession, regardless of whether they plan to utilise it at trial.
The law applies to persons charged with all criminal offences except treason, high crime, rape, defilement, genocide, robbery, kidnapping, murder, attempted murder, abduction, piracy, hijacking, and offences related to public elections.
In the case of a juvenile offender, a plea agreement may be accepted by the juvenile court only if the court has considered the social inquiry report, the parent or guardian consents and signs the plea agreement, and the agreement is in the best interest of the juvenile.
By: Rainbowradioonline.com/Ghana
