THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT……………….
HOLDEN AT………………………………….........
UGANDA
VERSUS
…………………………………………………………………………………….....
HIGH COURT CRIMINAL SESSION CASE NO……………………….
ORIGINALLY MAGISTRATE COURT CASE NO…..……./……...…)
PLEA BARGAIN AGREEMENT
This Plea Agreement is between the Director of Public Prosecution (DPP)
AND:
Alternative A [When the accused is an adult of sound mind]
……………………………………………… (fill in Accused’s name) and
……………………………………………… (fill in Advocate’s name)
Alternative B [When the accused is a minor or person of unsound mind]
…………………………………………… representing the accused in the capacity
of……………………………. (Advocate/Probation Officer/Parent/Guardian) and
………………………………. (fill in Advocate’s name).
This Plea Agreement is made pursuant to Rule 9 of the Judicature (Plea Bargain)
Rules, 2016 where the parties to this Agreement have agreed upon the following:
ACCUSED’S CONSTITUTIONAL RIGHTS
I, ……………………………………….. (fill in Accused’s name) understand that
the Constitution of the Republic of Uganda, 1995 (as amended) guarantees and
protects my rights to;
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a) Not plead guilty
b) Be presumed innocent until proved guilty or until I plead guilty
c) To remain silent
d) Not to be compelled to give self-incriminating evidence
e) To a full trial
f) To summon and cross-examine witnesses
g) To produce evidence
h) To put up a defense
i) To testify on my own behalf
j) To representation by an advocate of my choice at my expense but in case I
do not afford, the court will assign me an advocate on state brief (where
applicable.)
WAIVER OF CONSTITUTIONAL RIGHTS
I, …………………………………. (fill in accused/accused’s representative’s
name) by appending my signature or thumbprint herein below, hereby waive
and give up my Constitutional rights listed in (a to j) above for all of the
charges that I agree to plead guilty to.
……………………………………….
(Signature/thumbprint)
CHARGES
Offence(s) in Charge sheet/Indictment: ………………………………………..
Offence(s) accused pleads guilty to: ……………………………………………
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1.0 Biographical Information of the accused person
I, ……………………………… (fill in accused/accused representative’s
name) do hereby consent to the collection and recording of my personal
information.
………………………………………..........
(Signature/thumbprint)
1.1 Name: ………………………………………………………………
1.2 Gender: ……………………………………………………………..
1.3 Age of the accused at the time of commission of offence:
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2.0 Case Information
2.1 Date of first Court appearance: …………….…………………………
2.2 Date of admission in prison: …………………………………………..
2.3 Date of committal: ……………………………………….....................
2.4 Date of Grant of Bail (if applicable): ………………………………….
2.5 Amount deposited for bail: ……………………………………………
2.6 Description of prior Arrests/convictions,
if any: ...............................................................................
3.0 Summary of the case/agreed facts (between prosecutions and the
defense)
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Relevant prosecution exhibits to be tendered in court
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4.0 Sentencing information.
4.1 Aggravating factors, if any:
…………………………………………………………………………………..
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4.1.1 (Victim impact statement if any should be attached.)
4.2 Mitigating factors, if any:
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4.3 Any other relevant factors:
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4.3 Maximum sentence provided for under the law upon conviction
……………………………………………………………………………………
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4.4 Sentencing range for the offence(s) provided for in the Constitution
(Sentencing Guidelines for Courts of Judicature) (Practice)
Directions, 2013:
…………………………………………………………………………………....
…………………………………………………………………………………....
……………………………………………………………………………………
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5.0 Additional terms in offences of an economic nature or where
compensation is mandatory;
5.1 The accused agrees to provide to the DPP an accurate updated
statement of ALL assets owned by him, held under his direction or
held for his benefit at the execution of this agreement.
5.2 The accused understands that providing false or incomplete
information, or refusing to provide information to the DPP shall
constitute a violation of this agreement and cause its termination.
5.3 The accused also agrees to pay compensation in the amount of
……………………………….. to the complainant/victim.
5.4 The accused acknowledges that the amount to be paid as
compensation in (5.3) is immediately due at the execution of this
agreement and shall be paid in full.
ACCUSED PERSON’S PLEA
I hereby freely and voluntarily plead GUILTY to the charge(s) above and agree to
be sentenced to…………................. and declare 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 offense(s), any defenses
available to me, my Constitutional rights and waiver of those rights and the
consequences of my plea.
b) I offer my plea of guilty voluntarily with full understanding and declare that
no one has made or used any threat(s) and/or force against me, my family
and loved ones, or offered any inducements or promises to me in exchange
for my plea of guilty.
c) I stipulate and agree that there is a factual basis for my plea of guilty.
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 law
suit.
f) I have no further questions of the court or of counsel with regard to my plea
of guilty in this case.
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……………………………………….........................
Name and signature of Accused person
Date……………………………………..................
ADVOCATE STATEMENT
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 constitution 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 defense, or exculpate
the accused and I know of no reason that the accused should not plead to this
charge.
………………………………………………………………..……........
Name and signature of the Accused person’s Advocate
Date: ………………………………………………………....……..
DPP OR DPP’S REPRESENTATIVE
I have reviewed this form with the accused person and/or his Advocate, Parent,
Guardian or Probation Officer. I have explained and answered all questions with
regard to this plea. I have also discussed the facts of the case and explained the
nature and elements of each charge, any possible defenses to the charges and the
consequences of the full trial.
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The prosecution has as far as prudent provided all information and evidence that
might play a significant role in the event of a full trial.
………………………………………………………………………….
Name and signature of the DPP or DPP’s agent
Date: ……………………………………………………………………
INTERPRETER’S/TRANSLATOR’S STATEMENT (IF APPLICABLE)
I, having been duly sworn or having a written oath on file, certify that I truly
Interpreted/translated this form to the accused person in ………………… language
(specify) and the accused stated that he or she understood the contents on the form,
and then initialled and signed the form.
……………………………………………………………………………..
Name and signature of court interpreter/translator
Date: ………………………………………………………………………
COURT’S FINDINGS AND ORDER
The court, having reviewed this form and any addenda, and having questioned the
accused concerning 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
voluntarily agreed to plead guilty 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 and admission(s). The court accepts the
accused’s plea and orders that this agreement is incorporated in the docket by
reference as though fully set forth therein.
……………………………………………………....................…
Name and signature of Judge/Magistrate.
Date: ………………………………………………................
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