[Rev. 2012]
(b)
(c)
(d)
Criminal Procedure Code
CAP. 75
a victim impact statement, if any, made in accordance with section
329C;
the stage in the proceedings at which the accused person indicated
his intention to enter into a plea agreement and the circumstances in
which this indication was given;
the nature and amount of any restitution or compensation agreed to
be made by the accused person.
(3) Where necessary and desirable, the court may in passing a sentence, take
into account a probation officer’s report.
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 shall be
bound by its terms;
(c) the proceedings giving rise to the plea agreement shall be
inadmissible in a subsequent trial or any future trial relating to the
same facts; and
(d) a plea of not guilty shall be entered accordingly.
(2) Where a plea agreement has been rejected by the court and a plea of not
guilty consequently entered, the prosecution may, upon being informed of the fact
under subsection (1)(a), proceed to try the matter afresh before another court.
Provided that the accused person may waive his right to have the trial proceed
before another court.
(3) Upon rejection of a plea agreement, there shall be no further plea
negotiation in a trial relating to the same facts.
(4) Where the court has rejected a plea agreement under this section, no party
shall appeal against, or apply for a review of, the order of the court rejecting the
agreement.
137K. Withdrawal of plea
—
An accused person may withdraw a plea of guilty pursuant to a plea agreement
(a)
(b)
prior to acceptance of the plea by the court, for any reason; or
after the court accepts and convicts on the plea, but before it passes a
sentence, if the accused person can demonstrate, to the satisfaction
of the court, a fair and just reason for requesting the withdrawal.
137L. Finality of judgement
(1) Subject to subsection (2), the sentence passed by a court under this Part
shall be final and no appeal shall lie therefrom except as to the extent or legality
of the sentence imposed.
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