n South African Journal of Criminal Justice - Negotiated pleas : policy and purposes

Volume 20, Issue 1
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



Plea bargaining as it was before the Bill of Rights was unsatisfactory for it served to de-legitimise criminal justice in South Africa. The enactment of s 105A of the Criminal Procedure Act 51 of 1977 to codify and regulate the process of negotiating agreements on pleas and sentences was necessary, but there is a serious lack of clarity about what it should be used for and how it should be used because it alters greatly the entire nature of a criminal trial by by-passing the judge or magistrate. Some of the jurisprudential issues are considered.

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