The Deputy Minister of Justice, Diana Asonaba Dapaah, has defended the government's decision to introduce plea bargains into the justice delivery system.
According to her, the move is very critical in ensuring speed and efficiency in justice delivery in the country.
In a JoyNews interview monitored by GhanaWeb, the lawyer added that the most significant advantage of plea barging is that persons can seek justice for themselves or their relations respective of the time that has past – restorative justice.
“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.”
President Nana Addo Dankwa Akufo-Addo on Friday, July 22, 2022 assented to the Criminal and other Offences (Procedure) (Amendment) Act, 2022 (Act 1079) to provide for plea bargaining in the administration of criminal justice.
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.
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Deputy Minister of Justice, Diana Asonaba Dapaah