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Plea Bargain Agreement

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THE REPUBLIC OF UGANDA

IN THE …………………… COURT OF UGANDA AT ……………………


……………………………….Case No ………………

PLEA BARGAIN AGREEMENT

UGANDA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::PROSECUTOR

:::VERSUS:::

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::ACCUSED

RIGHT TO ADVOCATE AND WAIVER (WHERE APPLICABLE)

I understand that I have a right to be represented by an advocate of my choice


throughout the proceedings. I further understand that if I cannot afford an advocate,
the court will appoint one to represent me at no cost to me. I hereby waive and give
up my right to be represented by an advocate of my choice.

CONSTITUTIONAL RIGHTS

I understand that I have the following Constitutional rights;

(a) The right to plead not guilty.

(b) The right to be presumed innocent until proved guilty or until I plead guilty.

(c) The right to remain silent.

(d) The right not to be compelled to give self-incriminating evidence.

(e) The right to full trial.

(f) The right to be represented by an advocate of my choice at my expense but in


case I cannot afford an advocate, the Court will assign me an advocate on
state brief.
WAIVER OF CONSTITUTIONAL RIGHTS

I hereby waive and give up, for all of the charges against me, my right to a full trial,
my right to cross-examine witnesses, my right against self-incrimination and my
right to produce evidence and to put up a defense, including my right to testify on
my own behalf.

The following agreement is undertaken by the prosecution or other authorised


officer and the accused person or the accused person’s advocate on the accused’s
behalf. The parties have agreed to a mutual satisfactory disposition, as herein stated
subject to the approval of the court.

PLEA BARGAIN AGREEMENT

Offence(s) charged in indictment:


…………………………………………………………………

Amended offence (s) charged:


……………………………………………………………………..

1.0 Biographical information on accused person

1.1 Names:
…………………………………………………………………………………………….
1.2 Sex:
……………………………………………………………………………………………
1.3 Marital status:
………………………………………………………………………………….
1.4 Age:
………………………………………………………………………………………………
1.5 Place of birth:
…………………………………………………………………………………..

1.6 Educational histor……………………………………………………………………….


1.7 Employment history, if any: ……………………………………………………………
1.8 Employment history of family members, if any………………………………………
1.9 Place of residence/household description on date of arrest (who lived in same
home, etc):
………………………………………………………………………………………

2.0 Case Information


2.1 Date of arrest:
……………………………………………………………………………………
2.2 Date of preferring charge:
……………………………………………………………………………...........
2.3 Offence(s) charged:
……………………………………………………………………………………
2.4 Date of admission in prison:
…………………………………………………………………………………….
2.5 Date of committal:
...………………………………………………………………………………….
2.6 Date of grant of bail, if any:
…………….………………………………………………… …………………
2.7 Description of prior arrests/convictions, if any:
………………………………………………………………………………….
2.8 Medical history prior and after detention:
………………………………….
……………………………………………………………………………….
………………………………….
……………………………………………………………………………….

3.0Summary of the case/agreed facts (between prosecutions and


the defence)
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
4.0 Relevant Information

4.1 Aggravating factors, if any:


…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
4.2 Mitigating factors, if any:
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………

4.3. Post-release information: If released, where would the accused go and


what would he or she do?
………………………………………………………………………………………………
………………………………………………………………………………………………

4.4. Any additional relevant information:


…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………

PLEA OF ACCUSED PERSON

I hereby freely and voluntarily plead …………………………………..to the charges(s)


above and agree to be sentenced to within the range of ………… and that:-
(a) Prior to entering this plea, I have had a full opportunity to discuss with my
advocate the facts of my case, the elements of the charged offence(s) any
defences that I may have; my Constitutional rights and waiver of those rights,
and the consequences of my plea.

(b) I offer my plea of guilty freely and voluntarily and with full understanding of
all the matters set forth in the charges and in this form and that no one has
made any threats, used any force against me, my family, or loved ones, or
made any promises to me except as set out in this form, in order to convince me
to plead guilty.

(c) I stipulate and agree that there is a factual basis for my plea(s) and admission(s)
(d) I am not under the influence of any substance, or suffering from any medical
condition, that is or may be impairing my ability to enter into this plea
agreement.

(e) I understand that a plea of guilty will not be a bar to liability in any civil
lawsuit.

(f) I have no further questions of the court or of counsel with regard to my plea (s)
and admission(s) in this case.

………………………………………………………………
Name and signature of accused person

Date ……………………………………………………….

STATEMENT OF ADVOCATE

I am the advocate for the accused person. I have reviewed this form with my client. I
have explained each of the accused’s rights to him/her and answered all of his or
her questions with regard to those rights and this plea. I have also discussed the
facts of the case with the accused, and explained the nature and elements of each
charge, any possible defenses to the charges, the effect of any special allegations and
enhancements, and the consequences of the plea.

I concur in the plea and any related admission and join in the waiver of the
accused’s constitutional and statutory rights and I hereby stipulate that there is a
factual basis for the plea. I have explained to the accused that, to the best of my
knowledge and information, the prosecution has provided me with all information
and evidence that might play a significant role in his or her defence, or exculpate the
accused and I know of no reason why the accused should not plead to this charge.

………………………………………………………………………………………..
Name and signature of accused person’s advocate
Date…………………………………………………………………………………

STATEMENT OF PROSECUTING AGENT

I am the representative of the prosecuting institution and have reviewed this form
with the accused person’s advocate. I have explained to the advocate and answered
all of his or her questions with regard to this plea. I have also discussed the facts of
the case with the advocate and explained the nature and elements of each charge
and any possible defenses to the charges.

I have as far as prudent, provided all information and evidence that might play a
significant role in the event of a full trial and the advocate knows of no reason why
the accused should not plead to this/these charge(s).

………………………………………………………………………….
Name and signature of the prosecuting agent

Date: ………………………...........................................

FINDINGS AND ORDER OF COURT


The court, having reviewed this form and any addenda, and having questioned the
accused concerning the accused’s constitutional rights, finds that the accused has
expressly, knowingly, understandingly, and intelligently waived and given up his
or her constitutional and statutory rights. The court finds that the accused’s plea(s)
and admission(s) are freely and voluntarily made with an understanding of the
nature and consequences thereof, that any allegations as indicated in this form are
true, and that there is a factual basis for the plea(s) and admission(s). The court
accepts the accused’s plea(s).
The court orders that this form be filed and incorporated in the record of
proceedings.
…………………………………………………
Name and signature of Magistrate

Date: ……………………………………………

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