The Deputy Minister of Justice, Diana Asonaba Dapaah, has defended the government’s decision to introduce plea bargains into the justice delivery system.
She stated that the action is crucial for ensuring the swiftness and effectiveness of the nation’s judicial system.
In a JoyNews interview, the lawyer explained that the main benefit of plea bargaining is that people can seek restorative justice for themselves or their loved ones, regardless of the events that have already occurred.
“Plea bargain is to achieve three things; it is to avoid protracted trials delay in trials – and thereby ease off the congestion that we have in the court. One of the main goals of plea bargaining, as well, is to decongest the prison. Because if persons can plea negotiate and arrange whereby they are given a lesser punishment then it will reduce the prison sentencing that we have.
“But more importantly the main aim of a plea bargain to ensure restorative justice. Plea bargaining ensures that a very critical stakeholder of the justice delivery system which is the victim or complainant will also get justice. And for me, that is the key issue. So, it is a reformative step within the criminal-justice delivery system where victims are included in the whole process of the system,†she said.
She added that “we know that in Ghana when you are cited for an offense it is seen as one committed against the state. In the past, the interest of the victim was disregarded. But now, with the plea bargain, the victim, complainant or their representative can make an input into the agreement negotiated between the prosecutor and the defendant.â€
On Friday, July 22, 2022, President Akufo-Addo signed Act 1079, the Criminal and other Offences (Procedure) (Amendment) Act of 2022, which establishes the use of plea bargaining in the administration of the criminal court system.
After the passage of the bill, some stakeholders berated the government saying that it will encourage crime, particularly by government officials.
Under the law all offenders except those who commit some offences exempted by the bill are eligible to plea bargain can reach an agreement with the government for a reduced sentence.
The crimes that are exempted from plea negotiations include offences in the nature of high treason, high crime, rape, defilement, genocide, robbery, kidnapping, murder, attempted murder, abduction, piracy, hijacking and an offence related to public elections.