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Mentioning Criminal Cases Introduction


The Charge
[ Publication date Jan 01, 2001 ]

The Charge sets out the offence alleged to have been committedby the accused. Each offence will be listed as a separate Chargeif you are charged with more than one offence. One or more personscan also be charged for the same offence.

Q: What can I do after the charge is read to me?

You can either:-

  1. Plead guilty i.e. Admit unconditionally to the charge andthe court will impose a sentence.
  2. Claim trial i.e. Deny being guilty and ask to have a courthearing to defend yourself.
  3. Request adjournment of the mentions to another date, eitherfor time to engage a lawyer or write to the Public Prosecutorto reconsider your case.

In some cases, the police may apply to remand you for a furtherperiod (up to one week) to complete investigations. Generally, youwould not be allowed to contact your family members or relativesif this will hamper police investigations.

Q: Can I find out what sentence will be imposed before Idecide whether to plead guilty?

When the charge is read to you, the interpreter will inform youof the maximum, minimum and/or mandatory sentence (if any) thatcan be imposed on you if you are found guilty. He cannot indicatewhat your likely punishment will be as the judge must considerbefore deciding on the penalty. He must consider factors such asthe matters which you may say during your mitigation plea (pleafor leniency), the facts of the case etc.

Even if you are represented by a lawyer, your attendance incourt is compulsory. Likewise if you do not have a lawyer. If yourepresent a company being charged, you should obtain a letter fromthe company authorising you to represent a company and be preparedto hand it to the courtroom personnel.

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