A plea deal is an agreement in which the accused admits guilt on some or all charges against him or her in exchange for a lesser charge or lesser sentence.
In order for a plea agreement to be valid, the accused has to admit to all elements of the relevant charge in the agreement and it must be recorded in writing.
If the accused does not admit to all elements of the charge, then a plea of “not guilty” should be recorded. 1
In such case, all elements of the charge/s must still be proven by the prosecution, otherwise the case should be dismissed.
The presiding judge is required to observe several procedural safeguards by ensuring that the accused: 2
Knowingly and voluntarily submits a guilty plea,
Understands the nature of the charge/s and the facts of the case, and
Understands the legal consequences of any admissions made as part of the deal.
The accused should consult with a lawyer to ensure that his or her rights are respected. In particular, a lawyer can help with the following:
Assess the evidence against the accused and advise on whether to accept a plea agreement.
Provide advice on what type of plea to enter, if any.
An attorney must explain the legal consequences of a guilty plea, including the possibility of lengthy prison sentences where relevant.
Suggest alternative options to a plea deal, including moving forward with trial if necessary and appropriate.
A lawyer may be able to improve the accused's situation instead of facilitating a plea deal, such as submitting a bail request, filing a request filing for revision or appeal, having the charges dismissed by the judge or arrange for the charges to be discharged by the law officer or, if the case is compoundable, withdrawn at the request of the complainant.
Accused persons may face threats in the face of asserting basic rights, including seeking a fair trial. Accused persons should insist on consulting with a qualified lawyer before making any statements to the authorities.
Making false statements may lead to perjury charges.
The accused should be aware of other basic rights prior to agreeing to a plea deal of any kind, such as:
The accused cannot be coerced by the police through threats, promises, or acts of harm to confess or otherwise disclose information. 3
Only voluntary confessions made before a judge may be used as evidence against the accused at trial. 4
An accused person may plead guilty through in-court admissions.
In a summons case, the accused may admit to guilt during court proceedings before the law officer presents evidence; 5or
In a warrant case, the accused may admit to guilt during court proceedings after the law officer has presented evidence and the judge has found sufficient evidence to frame charges.6
In both summons and warrant cases, if the accused person pleads guilty, the presiding judge shall record the plea and then proceed to the sentencing stage. 7
Pleading guilty means giving up the right to appeal. 8
Although revisions may be available if the judge hands down an illegal sentence.
Even if the accused pleads guilty, a judge can decide to not accept the plea. 9
Sentencing after a plea follows the same procedure as a full trial.
Pleading guilty means giving up the right to appeal.10
Although revisions may be available if the judge hands down an illegal sentence.
If an attorney is hired after a guilty plea, the attorney should examine the record and any plea agreement.
If the guilty plea and any evidence presented by the law officer is insufficient and does not prove each element of the offence/s plead to, the sentence is illegal and a revision should be filed.
Initial Arrest
The police must have sufficient cause in order to arrest an individual. In some cases, the police must seek an arrest and/or search warrant from a judge prior to arrest. The accused has the right to be represented by a lawyer from the moment of arrest. See Arrests and Searches.
The police must bring the accused before a judge within 24 hours after arrest for a remand hearing. The accused cannot be detained beyond 24 hours without a court order. Depending on the circumstances, the court may order the further detention of the accused for 15-30 days for the purpose of police investigation. See Detention.
The law officer (or private lawyer under the supervision of law officer) presents witnesses and evidence against the accused. The accused is entitled cross-examine each prosecution witness and challenge evidence. See Trial proceedings for more detail.
Before the judge determines whether or not to frame the charge/s, the judge will allow both sides to present an argument. The prosecution may also argue a rebuttal. The judge will then determine whether or not the prosecution side has presented sufficient evidence to frame the charges against the accused. If the charges are framed, the judge may then ask the accused to admit or deny the charges.
Discharge means if the presiding judge found no enough evidence to charge the accused after examination of the complainant and prosecution witnesses, he may discharge the accused without framing any charges. But if enough evidence was found later, the accused can be charged again with the same offence.
The accused will firstly be asked whether he or she would like to recall any prosecution witnesses. The accused will then be given the opportunity to present witnesses and evidence in his or her defence. The accused may also testify. See Trial proceedings.
Throughout the whole court proceeding, the accused has a right to revision until the final argument stage has been reached. The accused can file a motion to a higher court if she/he thinks that there is wrongful procedural order by the original court's judge.The revision needs to be filed within 30 days from township, court to district court.
Before the Judge makes his/her final decision, both prosecution and the accused will be given a chance to present a final argument to the judge. This may be submitted in writing or by oral argument in court.
Acquittal means after hearing all the evidence and witnesses from prosecution and defence, if the presiding judge found out that the accused is innocent (or) there is no concrete evidence that the accused has committed the alleged offence, he may acquit the accused. In that case, the accused cannot be prosecuted again for the same offence.
The judge will convict or acquit the accused based on whether or not the prosecution proves with evidence every element of the offence/s charged beyond a reasonable doubt. If the accused is convicted, the judge will then determine the appropriate sentence according to the law.
The accused has the right to request that a higher court review the conviction and/or sentence. The prosecution side also has the right to request that a higher court review the acquittal and/or sentence.
Either police or military members conduct arrests without warrant. In most cases, arrestees are taken into military custody and undergo interrogation which often takes for several days and weeks. During the interrogation, lawyers or family members of family do not have access to them.
Afterwards, the arrestees are handed over to the police which develops the FIR (first information report). During the investigation, in many cases, police detain them with court order. Although the accused has the right to bail under the law, it is quite rare that the accused are bailed since the coup.
Then, they were transferred to prisons where they are detained and face trials in prison courts. At this stage, the accused have access to legal counsel.
Although the accused is entitled to cross-examine witnesses and challenge evidence. There is no healthy environment for lawyers who try to challenge or cross-examine. Lawyers are subjected to threats and harassments by judges or security officials at the courthouse.
Lawyers and accused often present witness and evidence only to take the benefit of meeting with family members (they are not allowed to meet with accused who are detained in prisons apart from these occasions).
Many accused have lost faith in the appeal process as they do not believe in the justice system under the military rule. Thus, many accused are not interested in the appeal process at all.
Without court order, those arrested in the areas under martial law are typically taken into military custody and held in undisclosed locations. In some cases, accused persons are held in police station. Once detainees are transferred to the prison system, they are often not able to meet or communicate with family or legal counsel in these types of cases.
Persons convicted in a military tribunal may face life imprisonment or the death penalty.
The death sentence can only be issued with the approval of the SAC Chairman
Hard labour for unlimited years, only with the approval of the Commander.
Maximum sentence of the prescribed offense
The decisions of these tribunals are final. Even though the decision of these tribunals cannot be appealed to court, it can be submitted to SAC Commander in Chief or Local Command for revision.
The Commander in Chief or the applicable Commander are vested with the power to abolishing a decision in a case, increasing or commuting a sentence, or changing a sentence to another lesser one. They may also exert the authority to affirm a military tribunal conviction.
Application
Application must be made within 15 days from the day of a final judgement, applications can be made to the Chairperson of SAC, in case of death penalty.
Application must be made within 15 days from the day of a final judgment, applications can be made to the respective Command, in case of other sentences.
