Chuck bats for plea bargaining
Justice Minister Delroy Chuck said that plea bargaining will go a far way in reducing the backlog of cases in the country’s courts.
The minister, however, noted that the Plea Negotiations and Agreements Act, which allowed for discounted sentences in exchange for guilty pleas, has earned “an unnecessary bad image”.
There have been calls for the scrapping of legislation that allows persons who plead guilty to various crimes to benefit from a reduction in sentences. Under the Criminal Justice Administration Act, persons who plead guilty to their crimes at the first opportunity can get a 50 per cent discount on their sentences.
In defending the need for the legislation, Chuck said that it involves negotiation and agreement in which the accused is invited to plead guilty in consideration of an appropriate sentence to be negotiated between the prosecution and defence, and approved by the trial judge.
“In most cases, it involves a lesser sentence than would normally be imposed if the matter had gone to trial and a guilty verdict was found. But in appropriate cases, even if the defence attorney seeks a reduced sentence, the judge could still impose the maximum sentence or a sentence that fits the nature and gravity of the crime,” Chuck said.
The minister said that it is taking too long for cases to be tried in the criminal courts, noting that many matters are still taking in excess of five years to be disposed of.
“In most jurisdictions, this would be a breach of the accused person’s constitutional right to be tried by an independent tribunal within a reasonable time. We need to find additional ways and means to ensure that cases are completed within three years. There is no shortage of courts which was the challenge in previous years but many are underutilised,” the justice minister said.