Section 137E of Criminal Procedure Code CAP 75: Form of plea agreement
A plea agreement shall be in writing, and shall—
(a) be reviewed and accepted by the accused person, or explained to the accused person in a language that he understands;
(b) if the accused person has negotiated with the prosecutor through an interpreter, contain a certificate by the interpreter to the effect that the interpreter is proficient in that language and that he interpreted accurately during the negotiations and in respect of the contents of the agreement;
(c) state fully 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;
(d) be signed by the prosecutor and the accused person or his legal representative;
(e) be signed by the complainant if a compensation order contemplated in section 175(2)(b) has been included in the agreement.
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- Section 137F - Recording of plea agreement by court
(2) Before the court records a plea agreement, the accused person shall be placed under oath and the court shall address the accused person personally in court, and shall inform the accused person of,...
- Section 137G - Competence of accused to make a plea agreement
The court shall, before recording a plea agreement, satisfy itself that at the time the agreement was entered into, the accused person was competent, of sound mind and acted voluntarily.
- Section 137H - Record of factual basis of plea
(1) Where the court accepts a plea agreement—
(a) it shall enter the factual basis of the plea on record;
(b) the agreement shall become binding upon the prosecutor and the accused;
(c) the...
- Section 137I - Address by parties
(1) Upon conviction, the court may invite the parties to address it on the issueof sentencing in accordance with section 216.
(2) In passing a sentence, the court shall take into account—
(a) the...
- Section 137J - Rejection of plea agreement
(1) Where the court rejects a plea agreement—
(a) it shall record the reasons for such rejection and inform the parties accordingly;
(b) the plea agreement shall become null and void and no party...
- Section 137K - Withdrawal of plea
An accused person may withdraw a plea of guilty pursuant to a plea agreement
—
(a) prior to acceptance of the plea by the court, for any reason; or
(b) after the court accepts and convicts on the...
- Section 137L - Finality of judgement
(1) Subject to subsection (2), the sentence passed by a court under this Partshall be final and no appeal shall lie therefrom except as to the extent or legality of the sentence...
- Section 137M - Protection of plea agreement process
Notwithstanding anything contained in any written law for the time being in force, the statements or facts stated by an accused person in a plea agreement shall not be used for any other purpose...
- Section 137N - Application
This Part shall not apply to—
(a) offences under the Sexual Offences Act, 2006;
(b) offences of genocide, war crimes and crimes against humanity.
- Section 137O - Rules under this sub-Part
The Attorney-General may make rules for the better carrying into effect the provisions of this Part and such rules shall apply mutatis mutandis to prosecutions conducted under section 88 of the Act.
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- Section 141 - Where original court was not competent to try subsequent charge
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- Section 151 - Evidence to be given on oath
Every witness in a criminal cause or matter shall be examined upon oath, and the court before which any witness shall appear shall have full power and authority to administer the usual oath.
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Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution.
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