representative, the prosecutor shall inform him or her of his or her right to have a legal representative or a third party of his or her choice b)
Where the accused person does not have a legal representative or a third party of his or her choice, the prosecutor will only negotiate with him or her if the accused person agrees to the negotiations being electronically recorded. c)
Where either party to a plea negotiation is a child, he or she shall be represented by a legal representative for
purposes of plea negotiations at the State’s expense where
it is established that the family cannot afford legal representation. The legal representative shall have the capacity to execute the plea agreement on behalf of the child. Provided that, where the child has a guardian, the plea agreement may be executed by the guardian.
A judge or magistrate should not indicate the sentence which he is minded to impose upon conviction following a plea agreement. Provided that it should be permissible for a judge or magistrate to say, if it is the case, that whatever happens, whether the accused pleads guilty or not guilty, the sentence will or will not take a particular form, e.g. a probation order, a fine, or a custodial sentence
Where a matter requires communication or discussion which is of a personal nature or which is of such nature that counsel cannot, in the interest of his client, mention in open court, counsel for accused person or the prosecutor may make an oral application to have the proceedings conducted in chambers or in camera. Where any such proceedings on sentence have taken place between the judge or magistrate and counsel, counsel for the defense should disclose this to the accused person and inform him of what took place.
The Defense Counsel must be completely free to do what is in his duty to give the accused person the best advice possible, and if need be, advise in strong terms that a plea of guilty, or showing an element of remorse is a mitigating factor.