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Section 137F of Criminal Procedure Code CAP 75: 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, and determine that the accused person understands—
(a) the right to—
(i) plead not guilty, or having already so pleaded, to persist in that plea;
(ii) be presumed innocent until proved guilty;
(iii) remain silent and not to testify during the proceedings;
(iv) not being compelled to give self-incriminating evidence;
(v) a full trial;
(vi) be represented by a legal representative of his own choice, and where necessary, have the court appoint a legal representative;
(vii) examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution;
(b) that by accepting the plea agreement, he is waiving his right to a full
trial;
(c) the nature of the charge he is pleading to;
(d) any maximum possible penalty, including imprisonment, fine, community service order, probation or conditional or unconditional discharge;
(e) any mandatory minimum penalty;
(f) any applicable forfeiture;
(g) the court’s authority to order compensation under section 175(2)(b), restitution under section 177, or both;
(h) that by entering into a plea agreement, he is waiving the right to appeal except as to the extent or legality of sentence;
(i) the prosecution’s right, in the case of prosecution for perjury or false statement, to use against the accused any statement that the accused gives in the agreement.
(3) The prosecutor shall lay before the court the factual basis of a plea agreement and the court shall determine and be satisfied that there exists a factual basis of the plea agreement.

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Disclaimer: This document is not to be taken as legal advise.

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