| Proceedings
In Court
Being
charged in court
When you are charged in Court, a charge setting out the offence
alleged to be committed by you will be read or interpreted to you.
The charge must contain sufficient details of the date, time, place,
names of the victims and/or the property involved in the offence
alleged.
Each
offence will be listed as a separate charge. You can be charged
with more than one offence. One or more persons can also be charged
together with you if they are accused of the same offence. However,
separate charges may be preferred against you.
You must
tell the Court if the charge is not clear to you. If you need an
interpreter, ask for one.
After
the charge is read and explained to you, you will be asked how you
wish to plead to the charge, for example, "Do you wish to plead
guilty?" (i.e. admit to the charge) or "Do you wish to
claim trial?" (i.e. contest the charge).
Adjournment
If you are unable to decide whether to plead guilty or claim trial
to the charge, or you wish to consult or be represented by a lawyer,
you can request for a short adjournment.
When
in doubt, always consult a lawyer. You may be required to furnish
Court bail during the adjournment. proceedings in court.
Pleading
guilty
If you plead guilty to the charge, you must admit fully the offence
alleged to have been committed by you. You must also understand
the nature and the consequences of your plea i.e. you must be aware
of the minimum and maximum punishments you face under the charge
and be prepared to accept whatever punishment the Court may give.
The Prosecutor
will then ask that the Statement of Facts be read to you. If you
do not agree with what is stated in the Statement of Facts, you
must tell the Court. The Court will ask you whether you disagree
with the Statement of Facts totally or in part. If you disagree
with the Statement of Facts (unless what you disagree with is not
important), the Court will not accept your plea of guilt and will
direct you to claim trial to the charge.
Previous
convictions
After you have pleaded guilty to the charge and admitted the Statement
of Facts, the Prosecutor will tell the Court if you have any previous
convictions. You will be asked whether you admit to those convictions.
Those convictions may be considered by the Court when sentencing
you.
Mitigation
You will then be asked by the Court if you wish to state any facts
or circumstances to explain the reason/s why you committed the offence
and why the Court should be lenient to you. For example; family
background, education, medical background, employment, recovery
of all or some of the property and compensation given to the victim.
Victim
Impact Statement
Before the Court decides on a sentence, the Prosecutor may apply
to read to the Court a Victim Impact Statement. This is a recently
introduced procedure by which the Court may assess the effect of
the offences on the victim and then considers an appropriate sentence.
Claiming
trial
If you decide to claim trial to the charge, the Court will set aside
a date for trial. Your trial may be fixed in another Court on a
separate occasion. You may be required to furnish Court bail to
ensure your attendance in Court. (Please see ARREST & BAIL.)
On the
day of the trial, you may be required by the Court to state your
defence after the Prosecution has completed its case against you.
If you are unable to do so, you will be found guilty and convicted.
If you
are able to raise a reasonable doubt in the Prosecution's case,
then you will be acquitted and released immediately.
Appeal
If you are not satisfied either with your sentence or conviction
or both, you can file an appeal to the High Court. You have 10 days
from the date of the conviction or sentence to file the appeal.
As a
general rule, if you have already pleaded guilty to the charge,
you can only appeal against the sentence.
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