KINGSTON, Jamaica — Minister of Justice Delroy Chuck yesterday gave notice to the House of Representatives that submission is to be made to the cabinet for new plea bargaining legislation.

Chuck told the House that the legislation being considered would broaden the framework for plea negotiations, and not restrict them only to cases where the accused gives assistance to the crown, or make that the only condition.

He pointed out that the new legislation would also include provisions to provide that either the defence or the prosecution can initiate plea bargaining discussions, and both the prosecution and defence counsel could propose the sentence which the accused will receive.

However, Chuck said that for plea bargaining to work effectively, there must be trust and co- operation between the defence and prosecuting attorneys.

“They are required to give and obtain full disclosure, have discussions on the charges and the possible sentences. These discussions need to take place in a cordial and civil manner, and on the basis that what is said will not be used against the other side, should the discussions fail,” Chuck told the House.

He added that it should be agreed by both sides that the discussions serve the sole aim of resolving the manner expeditiously, and in the interest of justice.

“Plea bargaining needs to be understood and appreciated, as an acceptable manner of resolving cases before the Court,” the Minister said.

“It is in the interest of the Jamaican people, to take necessary action to enhance and improve the justice system, reduce the backlog of cases and also reduce the time it takes for matters to be tried,” he stated.

“With greater dissemination of information and sensitization of all stakeholders, there should be greater co-operation and we will go a far way in improving the administration of justice,” he added.

Plea bargains are agreements between defendants and prosecutors, where defendants agree to plead guilty to some or all of the charges against them, in exchange for concessions in the penalties from the prosecutors.