Plea -negotiation and its importance in nigeria

What is meant by the term ‘plea negotiation’?
Are plea negotiations a usual part of criminal proceedings?
Why do plea negotiations occur in criminal matters?
Are there specific rules or guidelines prosecutors must follow?
Do plea negotiations always result in a defendant securing a lesser charge or sentence?
When do plea negotiations usually occur?
How do plea negotiations usually occur? Is there a standard process?
Who is involved in the plea negotiation process?
Who makes the decision to accept or reject a plea offer or proposal?
What things are prosecutors required to consider before accepting or rejecting a plea offer?
Do I get to have a say?
What is meant by the term ‘disputed facts’?
Are there any benefits to accepting a plea offer?
What if i am unhappy or dissatisfied with a decision made by the dpp?
What if i require further information or support to understand the plea negotiation process?

What is meant by the term ‘plea negotiation’?

Negotiations are a regular part of all criminal legal proceedings.

The term ‘Plea Negotiation’ refers to the process whereby the Prosecution and the Accused (via their appointed legal representative) work out an appropriate and mutually satisfactory agreement or resolution to the criminal charges laid.

It is in the interest of all parties in the Criminal Justice System for matters to be dealt with early and for an appropriate resolution to be sought that reflects the seriousness and criminality of the offences committed.

It is also expected that Prosecution staff and Defence Lawyers will talk to each other throughout the life of a criminal matter.

A common misconception is that Plea Negotiations in criminal matters occur in ‘secret’ and will always, or automatically, result in an agreement to reduce or lessen the original charges laid.

This is not case (refer to ‘Do Plea Negotiations Always Result in a Defendant Securing a Lesser Charge or Sentence?).

Are plea negotiations a usual part of criminal proceedings?

Plea Negotiations are a normal and accepted part of any criminal prosecution.

As already mentioned, it is in the interest of all parties in the Criminal Justice System for matters to be dealt with early and, if and where possible, for an appropriate resolution  to be sought.

It is also inappropriate for matters to proceed to a criminal trial that, otherwise, could have been resolved in a proper, appropriate and mutually satisfactory way.

Some Plea Negotiations are more straight forward than others – for example in cases where an accused accepts their involvement in the offending and there is no dispute regarding the factual circumstances of the charged offences.

Even where a person accepts their involvement in the offending, they may dispute the ‘factual basis’ of the offences charged – that is there is disagreement about what actually occurred. This can result in a process of sensitive negotiations or a Disputed Facts Hearing before a Magistrate or Judge.

In cases where an accused denies or disputes significant aspects of the offending, Plea Negotiations can be ongoing and lengthy.

Where an appropriate resolution cannot be reached the matter will ultimately result in a criminal trial.

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Why do plea negotiations occur in criminal matters?

There are many reasons why Plea Negotiations occur in criminal matters.

In most criminal matters a number of criminal charges will be laid by Police. The charges selected will normally reflect the nature and extent of the alleged criminal offending reported to the Police.

It is also important for the charges selected to provide the Court with an appropriate basis for sentence.

Usually, the charge or charges laid by Police will be the most serious available for that type of offending.

However, due to a number of factors, which can include:

the strength of the available evidence.

The readiness of reliable witnesses.

The nature of the offender.

The type of offence committed.

Etc.

Ochili michael.