( I) Any statement made by an accused person or bis or her advocate dm mg pica bargain discussions is not admissible for any other purpose beyond the resolution of the case through a plea bargain.
(2)
The court shall not impose a sentence mote severe than the maximum sentence recommended in the plea bargain agreement
(3)
Where the court is of the opinion that a particular erne is deserving of a more severe sentence than that recommended in a plea bargain agreement, the court shall reject the plea bargain agreement..
The Constitution (Senlcncimj Guidelines for Courts of Judicature) (Practice) Directions. 2013 The Evidence Act. Cap.6 The International Criminal Court Act, 2010, Act No, 11 of 20 it) The Judicature Act. Cap. 13 The Magistrates Courts Act. Cap. 16 The Trial on Indictments Act. Cup.23
B A RT M AG UN DA K ATI ' R ERB E. Chit"/ Justice. Chairpenwfi, A'rr/rx Gwwm <■,
LN THE COURT OF UGANDA AT ...
.. ..Case No .................
Fill this form if you a 7'5/1 to plead guilty or do not contest the charges against you. Initial the box for each applicable item only if yon understand and agree with it and sign where the form provides "ACCUSED'S S1GNATUJ(E",
If you have any ipsexiinns about anything on this form or about your case, ask your advocate or she judge.
RIGHT TO ADVOCATE AND WAIVER (WHEEE APPUCAHLE)
I imdcrsund dial I have a right to be icptcsunted 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. 1 hereby waive and give up my right to be represented by an advocate of my choice.
CONSTITUTIONAL RIGHTS 1 understand dial 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. L-J (d) The righl nut to be compelled to give self-incriminating evidence. I-I
(e)
The right to full trial. L_J
(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 wilt assign me an advocate on state brief.
WAIVER OF CONSTITUTIONAL RIGHTS
I hereby waive and give up, for all of [lie charges against me, my right to a full trial, my right to cross-examine witnesses, my right against self incrimination and my righl lo produce evidence and to pul 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 die accused's behalf. The pasties have agreed to a mutual satisfactory disposition, as herein stated subject to the approval of the court.
Offencc(s) charged in indictment:
Amended offence (s) charged: .. ................
1.0 Biographical information on accused person 1,1 Names: L2 Sex: 1.3 Marital status: 1.4 Age: -. .............. 1.5 Place of birth: 1.6 Educational histoiy: . ........ 1.7 Employment history, if any:
1.8 Employment history of family members, if any:
1.9 Plate of rcsidcncc/houschold description on date of arrest (who lived in same home, etc): • *<»«««* 4 a »»* *««. ««.«•*. « • fl 4, I 4 A ».,»«,«.»»»««««, ><llaa<r«4»l*« 4. fl •»**••**' * *
2.0 Case Information 2.1 Date of arreM: • * • • **»ir**i*tft1*t'P* • • .•••»>■■»• ■ • « e a • • • p f » ft * r ana a»a«|!.aa»aa«a « < 44«v«frl*4 * t * + 9
2.2 Date of preferring charge:
2.4 Date of admission in prison:
2.5 Date of conimitlal: . 4 a « . 4 « a. 4 « « » .»■ 4 «■ « 4. rf. 4 « w '<4 « * e « n « * 6 a . a it t> s « • 9 a a r « » I a » >i in » & e a « n u s « • 4 a. . 4. 4 « a » > « 4 . *■ 4 « » .f 4» » <» « «k. a « «
2.6 Dale of grant of bail, if any:
2.7 Descriplinn c?f prior arrcsts/cnnvictirms, if arty: os. e B » x a fl 4 * ». t J. 4. a 4 c f A « o K + a 4> g « « a; fl * u. 4 « ( 4 j.4 4, 4 f ■*
2,8 Medical history prior and after detention:
3.0 Summary of the casc/ngreed 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 OK ACCUSED PERSON i hereby freely and voluntarily plead .................... ...to the charges(s) above arid 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 die charged cffencefs) any defences that I may have, my Constitutional tights and waiver of those rights, and the consequences of my plea.
(h 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 piurniscs to me except as set out in this form, in aider to convince me to plead guilty.
(c)
I stipulate and agree that there is a factual basis for my plea(s) and admissionfs)
(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 Imo this plea agree inc nt.
(c)
I understand (hat a plea of guilty will not be a bar to liability in any civil lawsuit.
(0 I have no. further questions of the court or of counsel with regard to my plea (s) and admisston(s) in this case,
Arwir and si^nattirr of accused prrro/r
Date ....... ....... .........
I am the advocate for the accused person. 1 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 pica. 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, tine effect of any special allegations and enhancements, and the consequences of the pica.
I concur in the pica 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 (he plea. I have explained to die accused that, to the best of my knowledge and information, the prosecution has provided me with ail information and evidence that might play a significant role in his or her defence, or exculpate the accused arid I know of no reason why the accused should not plead to this charge.
A'amr and signature of acenxed persnn 'a advocate
STATEMENT OF PROSECUTING AGENT
I am the representative of the prosecuting institution and have reviewed this form with tire accused person's advocate. I have explained to lire advocate and answered all of his or her questions with regard to this plea. I have also discussed the facts of die ease with (he 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 chargc(s).
iVcr/ne and signature of the prosecuting agent
Date; . ......................
