Task: Checklist on Taking Guilty Plea in Criminal Cases

1. I have been assigned on this task after our morning prayer this week and this is the checklist that I am thinking of. This is exactly happened when you are brought before a Court of Law to answer any charge or indictment preferred against you and you want to enter a guilty plea to the said charge.

2. This checklist is based on section 173 of the Criminal Procedure Code and it is a fundamental duty of every officer sitting on the Bench, be it from the lower Court up to the High Court level. This knowledge on procedure is a must-have to these officers concerned.

3.  To new Magistrates, this is very-very important to master. If you fail to follow the correct procedure as laid down herein, you will be subjected to criticism on appeal to the High Court and may render your order on conviction and sentence be set aside. 

4. By the way, OKT means an accused person or in Malay, Orang Kena Tuduh. So check it out!


CHECKLIST ON TAKING GUILTY PLEA IN CRIMINAL CASES

  • Ask an unrepresented OKT whether he wants to engage a defence counsel.
  • Read and explain the charge to OKT in language of his option.
  • OKT understands the charge and plead guilty. OKT must plead by himself.
  • Read and explain the nature and consequences of his plea in the same language.
  • Record the sentence/punishment provided under the law.
  • OKT understands the nature and consequences and maintain his guilty plea.
  • Brief facttendered by the prosecution.
  • Read and explain the brief fact and ensure OKT understands and admit to it, then mark as an exhibit.
  • Prosecution may tender other exhibits.
  • Read and explain and show the exhibits to OKT and ensure he knows and understands the exhibits tendered.
  • Mark the exhibits accordingly.
  • Accept and record his guilty pleaafter exhibits are tendered.
  • Submission for mitigation by OKT.
  • Prosecution’s reply.
  • Court finds OKT guilty as charged and he is convicted.
  • Pronounce the sentence / order.
  • Sign the notes of proceedings.

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