The formal concept of ‘plea bargaining’ - which entails a 50 percent reduction of the maximum sentence of those who plead guilty - will be implemented soon in courts, Chief Justice (CJ) Zaki Azmi said today.

NONE Zaki ( centre in picture ) said this will be applicable to first-time offenders and is aimed at speeding up the disposal of criminal cases.

“At present, the matter is being briefed to judges, lawyers and, also, the prosecution (division) from the Attorney-General’s Chambers,” he said.

“A session at the judges’ conference is held to brief the judges for them to know the amendments to the Criminal Procedure Code (CPC), to get them to know what is involved."

The CJ said this at a press conference at the second Judges Conference 2010 held in Kuala Lumpur.

sultan mizan zainal abidin 13th agung king malaysia 121206 3 The three-day conference will be attended by 128 judicial commissioners and judges. It is closed to the media.

Also present today were the three other top judicial officers - Court of Appeal president Alauddin Md Sheriff, Chief Judge of Malaya Arifin Zakaria and Chief Judge of Sabah and Sarawak, Richard Malanjum.

An American judge, Barbara Jacobs, who is also the director of the US Federal Judicial Centre, in Washington DC, was present to share her experience in handling criminal cases.

The amendments to the CPC were passed by Parliament in June, and have since received assent from Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin ( left ).

However, these have yet to be implemented pending further consideration by the AG's Chambers and the Prime Minister's Department.

Roadshows are currently being held to educate legal practitioners such as lawyers, judges and prosecutors to familiarise themselves with the amendments.

There are still those in the judiciary, however, who are dissatisfied with the handling of criminal cases.

Sentence not appealable

Federal Court judge Zulkefli Ahmad Makinuddin, who is the managing judge for criminal cases, noted that when the plea bargaining is implemented, accused persons face the prospect of obtaining a lesser charge beside the 50 percent discount when sentenced.

NONE Zulkefli ( right ) said all this depends on the negotiations between the prosecution, the accused and defence counsel.

Case management for criminal cases is within 30 days, he added.

Between that and 90 days, according to Justice Zulkefli, the accused may be offered a plea bargaining.

"If this is not an option after this period, it will go to a full trial," he said.

"Furthermore, if plea bargaining is implemented, there will be no appeal to the sentence."

Previously, plea bargaining did not guarantee a 50 percent reduction in the sentence as this was done at the judge's discretion.

Zulkefli said judges must ensure the plea is made voluntarily.

He also said that plea bargaining will be applicable at all levels - from the Magistrate’s Court to the High Court.

Under the amendment, the judge can call the accused ‘in camera’ (in chambers) to ensure that the application was made voluntarily.

Asked what would happen if the prosecution did not want the 50 percent reduction to be applied, Zaki said the matter should go for a full trial.

"It is within the prosecution's discretion to offer plea bargaining but if they think they have a strong case and the punishment should be more, then they should go for a full trial," he said.

Zaki said the guidelines on plea bargaining are being worked out between the AG’s Chambers, the Bar Council and the courts.

He was also asked about the perception of some government in the west that Anwar Ibrahim has already been found guilty and is not being accorded a fair trial.

However, Zaki declined comment.

He expressed satisfaction with the running of the new commercial courts where 90 percent of cases filed last year have been resolved within nine months.

"It is only the criminal cases that are not moving as they should. There are still many postponements because either the prosecution or defence is not ready. The judges at this conference will be discussing how to overcome these problems."