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By Jeremiah Urowayino

The presidential advisory committee against corruption (PACAC) has developed guidelines to guide the decision making process when considering alternative means of disposing of criminal allegations and in plea bargaining.

PACAC, in a statement by its Media and communication Assistant Mr. Aghogho Agbahor, stated that “It is not every criminal case that should be prosecuted to finality through a trial if it can be resolved by alternative means. What is important is that justice is done in each case and as far as is possible all stakeholders are dealt with fairly and equitably.

The statement read “These guidelines therefore set out the procedure by which a prosecutor, with a view to agreeing to an alternative means of disposing of an allegation of crime, may conduct discussions with a suspect, defendant or their legal representative. Such guidelines are premised on transparency, accountability, integrity, consistency, predictability, credibility. The procedures followed should command public and judicial confidence.

“The aim of plea bargain or plea negotiations is usually for the defendant to enter into an arrangement or plead guilty in exchange for concessions by the prosecution. This may take the form of the offer of a plea by the defendant to some but not all the charges, a different offence or less serious charge or to one of multiple charges. The purpose of the PACAC guidelines is to ensure that when decisions are to be considered or made about alternative means of disposing a case, those decisions will create confidence in the decision making process by the public to whom the prosecution agency is accountable.

“These guidelines set out the procedure to be followed when considering or making a decision to dispose of a criminal allegation other than a trial or the original charges filed or contemplated”.

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