CAP. 75
Criminal Procedure Code
[Rev. 2012]
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;
that by accepting the plea agreement, he is waiving his right to a full
trial;
the nature of the charge he is pleading to;
any maximum possible penalty, including imprisonment, fine,
community service order, probation or conditional or unconditional
discharge;
any mandatory minimum penalty;
any applicable forfeiture;
the court’s authority to order compensation under section 175(2)(b),
restitution under section 177, or both;
that by entering into a plea agreement, he is waiving the right to appeal
except as to the extent or legality of sentence;
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.
(vii)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2) 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.
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.
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 agreement shall become part of the record of the court.
(2) Where a plea agreement entered into in accordance with section 137A(1)
(a) is accepted by the court in accordance with this section, the court shall proceed
to convict an accused person accordingly.
137I. Address by parties
(1) Upon conviction, the court may invite the parties to address it on the issue
of sentencing in accordance with section 216.
(2) In passing a sentence, the court shall take into account—
(a) the period during which the accused person has been in custody;
[Issue 1]
C44 - 54
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