As of 12th December, 2023, The Administration of Justice (Indictable Proceedings) Act (AJIPA) governs criminal proceedings in Trinidad and Tobago. If you're facing charges and considering pleading guilty, understanding the process is crucial.
Where you have been charged with an indictable offence (this being a case that can only be dealt with by a High Court) under AJIPA if an accused wishes to plead guilty they would be required to enter a statement of guilt. The procedure for entering a guilty plea and recording a statement of guilt is outlined in Sections 28 and 28A of AJIPA.
What is the process?
The Accused person would be required to inform the Master personally and/or through their attorney at law that they are guilty of having committed the offence. The Master will then explain what pleading guilty means. They'll use specific wording or something similar to this: "Do you wish the witnesses to appear to give evidence against you at your trial? If you do not, you will now be referred to a Judge for sentencing without a trial." This signals to the Accused that pleading guilty means forgoing a trial and proceeding directly to sentencing.
The Master, the Accused, and their attorney (if represented) will all confirm the accused’s guilty plea on the record. This ensures everyone understands and there is nothing unclear about the decision. A statement of guilt is thereafter produced by the Court and is also signed by the Master, the accused and their attorney-at-law electronically.
What does a statement of guilt do?
AJIPA enables the statement of guilt made by an accused to be received in evidence upon its production without any further proof, which is why it is crucial that it is understood that this process is about pleading guilty, that the witnesses for the prosecution are not going appear and there will be no trial of the case.
The Master will then refer the case to a Judge, who will be responsible for determining the sentence.
Will you be on bail while awaiting sentence?
Unless the offence is a minor one, it is important to also note that you may not be admitted to bail before being sent to the judge. This means that you may be required to wait until the Judge is able to sentence you and the Office of the Director of Public Prosecutions files a document known as the indictment. Any time you have spent in custody awaiting this matter would be deducted from your final sentence if your sentence involves prison time.
How is the statement of guilt used?
Your recorded statement of guilt is meant to be used as evidence during your sentencing hearing.
Upon sentencing, the Judge will consider various factors, including the facts agreed upon on which you are pleading guilty, the nature of the offence and an appropriate starting point as well as your criminal history. Any mitigating circumstances such as; remorse, youth and immaturity, co-operation with law enforcement and good character is then considered.
Are you entitled to any discounts?
Though this is not the only time an accused would be allowed to enter a guilty plea, it is the first opportunity in the process to which a guilty plea can be entered. Therefore, following this procedure will also enable the judge to take into account that you have pleaded guilty at the earliest opportunity which usually entitles you to a discretionary discount of 1/3 off of your final sentence.
Is there a difference between pleading guilty, a Request for Maximum Sentence Indication (MSI) and Plea Discussions?
The outlined procedure under AJIPA is not to be confused with a Request for a Maximum Sentence Indication where an Accused person makes a request to a Judge for an indication of the maximum term of years a custodial sentence would take, or that his maximum sentence will/will not be of a particular type, that being custodial or non-custodial.
It is also different from plea discussions pursuant to The Criminal Procedure (Plea Discussion and Plea Agreement) Act, 2017 which established a system of plea discussions and plea agreements. The procedure under Section 28 of AJIPA is in effect a straight guilty plea, with the case being immediately transferred within three months from Master to Judge for the purposes of sentence. This for among other reasons, is why it is critical to ensure that legal advice has been received to ensure that the best course is pursued.
When should you plead guilty?
It is best to consult with a lawyer for advice tailored to your specific circumstances. Pleading guilty has significant legal implications. It should be clear to you that you do not have to plead to guilty to any crime you didn’t commit, and you should be advised of defences available to you based on the instructions you give your attorney and understand the formal sentencing process. It is important to ensure that there is no mistake as to your plea or that there is nothing that affects the integrity of you pleading guilty. The choice is your own. Make sure you fully understand the process and the potential consequences before making a decision.
Submitted by:
Shaun Morris
Public Defender I
Public Defenders’ Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email:
Website: www.laaa.org.tt
