INTRODUCTION OF PLEA BARGAINING PROCEDURES UNDER THE CRIMINAL PROCEDURE ACT, CAP 20.
By
Adv. Amon Meja
Introduction
The government of United Republic of Tanzania has introduced a law that allow plea bargaining. On 26th day of June 2019, a Bill was introduced in the National Assembly for the first time reading and later on 20th September, 2019 the law was passed and Gazette in the Gazette of the United Republic of Tanzania No. 39 Vol. 100 dated 20th September, 2019 titled the Written Laws (Miscellaneous Amendments) (No. 4) Act 2019.
Part IV of the Written Laws (Miscellaneous Amendments) (No. 4) Act 2019, specifically amends the Criminal Procedure Act, CAP 20, to introduce Plea Bargaining provisions, under new sections 3 and introduces new section 194A, 194B, 194C, 194D, 194E, 194F, 194G, and 194H.
Section 15 of Act No. 4 of 2019, amends section 3 of the Criminal Procedure Act by inserting the definition of the term plea bargaining where it states inter alia that;
“Plea Bargaining” means a negotiation in a criminal case between the prosecution and the accused where by the accused agrees to-
- a plead guilty to a particular offence or a lesser offence or to a particular count or counts in a charge with multiple counts; or
- Cooperate with the prosecutor in the provision of information that may lead to a discovery of other information relating to the offence or count charged, in return for concession from the prosecutor which may lead to a lenient sentence or withdrawal of other counts.”
Basic matters introduced by the new amendments.
Under section 194A of Act No. 4 of 2019 obliges a public prosecutor to conduct plea bargaining with the accused person after consultation with the victim/investigator and before pronunciation of judgment. However, the accused is also permitted to initiate plea bargaining by notifying the Court, but the Court is prohibited to participate in plea negotiation between a public prosecutor and the accused.
Section 194C (1) & (2) of the Criminal Procedure Act makes it mandatory for the plea agreement to be in writing and to fully state the terms of the agreement, the substantial facts of the matter and all other relevant facts of the case and any admissions made by the accused person. It must also be read and explained to the accused in a language that he understands, must be accepted by the accused and be signed by the prosecutor, the accused and his legal representative (if any).
Section 194D of the Criminal Procedure Act a plea agreement is required to be registered by the Court for it to be binding, and the Court will convict the accused person accordingly. However the Court is vested with powers to reject a plea agreement so long as there are adequate reasons to do so.
Additionally, prior to registration of plea agreements, the Act makes it necessary for the Court to inform the accused person of the below consequences:
- registration of plea agreement will lead to a waiver of a right to full trial
- the right to appeal will only be permitted to the extent or legality of sentence
- he prosecution has the right, in the case of prosecution for perjury or false statement, to use any statement against the accused, which is in the agreement
Section 194F of the Criminal Procedure Act plea bargaining shall not be exercised in sexual offences whose punishments exceed five years or involve victims under eighteen years; treason and treasonable offences; possession or trafficking in narcotic drugs whose value is above ten million shillings; terrorism; possession of Government trophy whose value is above ten million shillings; or other offence as the Minister may publish in the Gazette.
Section 194G (1) of the Criminal Procedure Act for the purposes of protecting public interests, the Director of Public Prosecution may apply to the Court to set aside conviction and sentence that was obtained on the grounds of fraud or misrepresentation pursuant to a plea bargaining. Equally, the accused person may do the same if the plea agreement was procured involuntarily or by misrepresentation.
Conclusion
ERMukandara Attorneys through criminal department team, we offers the best representation to the clients in all matter pertaining to plea bargaining. We advise and guide our clients in all process of plea bargaining in ensuring expeditious disposal of criminal cases, leniency, securing minimum sentences and serving time.
Contact us incase of any questions.