CRIMINAL JUSTICE (PLEA NEGOTIATIONS AND AGREEMENTS) ACT

ARRANGEMENT OF SECTIONS

Preliminary

   1   Short title

   2   Interpretation

   3   Declaration of certain existing rights

Plea Negotiations

   4   Plea negotiations

   5   Exercise by Director of Public Prosecutions of certain powers

   6   Legal representations

Plea Agreements

   7   Plea agreements

   8   Victim to be informed of plea agreement

   9   Director of Public Prosecutions to notify Court of existence of plea agreement

   10   Court not bound by plea agreement

   11   Matters for consideration of Court before accepting plea agreement

   12   Refusal by Court to accept plea agreement

   13   Effect of accepting plea agreement

   14   Accepted plea agreement to form part of record

   15   Sentencing where plea agreement accepted

   16   Withdrawal from agreement

   17   Admissibility of plea agreement, etc

   18   Sealing of records of plea negotiations

   19   Obligation for secrecy

General

   20   Amendment of Schedule

   21   Regulations

   22   Minister may amend monetary penalties

   23   Amendment of section 15 of Legal Aid Act

      SCHEDULE

 

THE CRIMINAL JUSTICE (PLEA NEGOTIATIONS AND AGREEMENTS) ACT

[Date of Commencement: 1st November, 2010]

Acts
34 of 2005,
30 of 2010.

Preliminary (sections 1-3)

1   Short title

   This Act may be cited as the Criminal Justice (Plea Negotiations and Agreements) Act.

2   Interpretation

   In this Act, unless the context otherwise requires-

   "Director of Public Prosecutions" includes any attorney-at-law authorised in writing by the Director of Public Prosecutions to conduct plea negotiations and conclude plea agreements;

   "plea agreement" means an agreement made pursuant to section 4;

   "plea negotiations" means negotiations conducted pursuant to section 4.

3   Declaration of certain existing rights

   (1) Nothing in this Act affects the right of an accused to plead guilty to a charge without entering into plea negotiations or a plea agreement.

   (2) Save as expressly agreed by the Director of Public Prosecutions in a plea agreement, nothing in this Act affects the powers conferred upon the Director of Public Prosecutions under section 94 of the Constitution.

Plea Negotiations (sections 4-6)

4   Plea negotiations

   (1) Subject to section 6, where the Director of Public Prosecutions considers it desirable in any case, he may, at any time before judgment and in accordance with the provisions of this Act, enter into plea negotiations with the accused for the purpose of reaching an agreement in accordance with the provisions of subsection (2) for the disposition of any charge against the accused.

   (2) An agreement under subsection (1) shall require that-

   (a)   the accused undertakes to-

         (i)   enter a guilty plea to an offence which is disclosed on the facts on which the charge against the accused is based; and

         (ii)   fulfil his other obligations specified in the agreement; and

   (b)   the Director of Public Prosecutions, having regard to the accused’s undertaking under paragraph (1) agrees to-

         (i)   take a course of action consistent with the exercise of his powers specified in section 5;

         (ii)   fulfil the other obligations of the Crown specified in the agreement.

5   Exercise by Director of Public Prosecutions of certain powers

   The power of the Director of Public Prosecutions referred to in section 4(2)(b)(i) are his powers-

   (a)   to withdraw or discontinue the original charge against the accused;

   (b)   to accept the plea of the accused to a lesser offence (whether originally included or not) than that charged.

6   Legal representations

{akeebasubs !jamaica law}

 

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