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VOL. 9, ISSUE 6 (2023)
Assessment of plea-bargaining agreements in the administration of criminal justice in Zanziba
Authors
Saada Ali Mohamed, Sikujua Omar Hamdan
Abstract
Plea bargaining has existed in the Zanzibar Criminal Procedure since
2004. Enshrined under section 254 of the Criminal Procedure act no. 7 of 2004
which has now been repealed. However, its existence had not been put into use. Section
244-246 of the Criminal Procedure Act no 7 of 2018 incorporated the Plea-bargaining
agreement giving the right of initiation to accused persons and their advocates
while tying the hands of the Director of Public Prosecutions who is on behalf
of the state. In Zanzibar, the greatest drawback among others in the
administration of criminal justice system is the delay of cases disposal. The
presence of this concept in the Laws of Zanzibar has not reached its core aim
as to why use plea bargaining because the society and the stake holders have
less knowledge on the significance of incorporating the agreements in the
administration of criminal justice. The delay in application of this principle
has not only increased the number of cases but the burden of backlog cases as
well. Challenges of putting this principle into use are not only faced by the
victims who have not been considered during enactment of the law but the
accused persons as well who opt to plea on offences just to get out of custody
and be free. Putting the right forum of application will motivate stake holders
to put it in application for the better administration of criminal justice. The
researcher involved qualitative methodology of research and included both
primary in form of interview and secondary data collection. The findings show
that plea bargaining concept in Zanzibar needs to be reassessed by the Law-making
organ and stakeholders because there are a lot of merits involved in its use as
compared to the challenges involved. important not only to the society, the prosecutors
and victims of crimes but also to establish a better system in administration
of criminal justice.
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Pages:214-218
How to cite this article:
Saada Ali Mohamed, Sikujua Omar Hamdan "Assessment of plea-bargaining agreements in the administration of criminal justice in Zanziba". International Journal of Law, Vol 9, Issue 6, 2023, Pages 214-218
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