[Rev. 2012]
Criminal Procedure Code
CAP. 75
137D. Consultation with victim, etc.
A prosecutor shall only enter into a plea agreement in accordance with section
137A—
(a) after consultation with the police officer investigating the case;
(b) with due regard to the nature of and the circumstances relating to the
offence, the personal circumstances of the accused person and the
interests of the community;
(c) unless the circumstances do not permit, after affording the victim or
his legal representative the opportunity to make representations to the
prosecutor regarding the contents of the agreement.
137E. 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.
137F. Recording of plea agreement by court
(1) 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;
C44 - 53
[Issue 1]
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