What is plea bargaining?
It is a negotiated agreement where an accused agrees to plead guilty (usually to a lesser charge or for a reduced sentence) in exchange for concessions from the prosecution.
How does Black’s Law Dictionary define plea bargaining?
A negotiated agreement where a defendant pleads guilty to a lesser offence or one of multiple charges in exchange for prosecutorial concessions, usually a lighter sentence or dismissal of other charges.
Why is plea bargaining considered mutually beneficial?
The accused may receive reduced charges or sentence.
The prosecution avoids a full, protracted trial.
What are the three main types of plea bargaining?
Charge bargaining
Count bargaining
Sentence bargaining
What is count bargaining?
The accused pleads guilty to some charges in exchange for the withdrawal of others.
What is charge bargaining?
The accused pleads guilty to a lesser charge in exchange for dismissal of the original, more serious charge.
What is sentence bargaining?
The accused pleads guilty in exchange for a specific or reduced sentence.
Did Ghana previously have a uniform plea bargaining framework?
No. Before 2022, plea bargaining existed only in limited statutes and lacked a uniform procedure.
What law introduced a comprehensive plea bargaining framework?
The Criminal and Other Offences (Procedure) (Amendment) Act, 2022 (Act 1079).
Which sections of Act 30 now regulate plea bargaining?
Sections 162A to 162R (inserted by Act 1079).
What additional instrument governs plea bargaining practice?
Practice Directions on Plea Bargaining, 2024 (issued by the Chief Justice).
Are all offences eligible for plea bargaining?
No. Certain serious offences are excluded under Section 162R.
Which offences are excluded from plea bargaining?
Treason
High crime
Rape
Robbery
Defilement
Kidnapping
Genocide
Piracy
Murder
Attempted murder
Hijacking
Election-related offences
Does plea bargaining apply to juveniles?
Yes, with modifications under the Juvenile Justice Act.
What conditions must be satisfied before accepting a plea agreement for a juvenile?
Social enquiry report considered;
Parent/guardian consents and signs;
It is in the best interest of the juvenile.
When may plea negotiations begin?
At any time before judgment.
Who may initiate plea negotiations?
The accused (or his lawyer);
The prosecutor (with AG authority).
What may a plea agreement provide for?
Reduction of charge;
Withdrawal of charge;
Reduction of sentence (within the law);
Compensation or restitution;
Sentencing recommendations.
Can the court participate in plea negotiations?
No. The court is prohibited from participating.
What rights must the prosecutor inform the accused about before negotiations?
Presumption of innocence
Right to remain silent
Right to full trial
Right against self-incrimination
Right to plead not guilty
Must the court be notified when negotiations begin?
Yes. The court must be informed in writing.
What happens if negotiations are not concluded within 30 days?
The court may proceed with trial, though negotiations may still continue.
What must the prosecutor disclose before negotiations?
Charge sheet/indictment
Prosecution facts
Statements by accused
Witness statements
Relevant documents
Must disclosure be made even if the documents will not be tendered at trial?
Yes.
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Introduction54
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Nolle Prosequi37
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Role of the Attorney General20
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Role of the Police and Arrest37
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Keeping the peace and good behavior20
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Criminal Proceedings Provisions17
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Institution of Criminal Proceedings26
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Punishment25
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Appeals26
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Defences31
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Bail35
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Mode of Trial and Trial on Indictment29
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Plea Bargaining47
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Juvenile Justice System14
