On Monday morning, Kapeere was brought to court from the police cell with a swollen eye, cough, and diarrhoea. Fred (who Kapeere fought with) was also present for their case for fighting. The magistrate is going to hear their case for the first time and Nakimuli who has come with Fred (her husband) to court wants to know what Fred should say in order to survive being sent to prison.
WHAT IS A PLEA?
When a person is accused of committing a criminal offense, the law (our Constitution) says they presumed to be innocent until they are proven guilty.Therefore, the court must give that person a chance to say if he/she indeed committed the crime they are accused of or not. Kapeere and Fred are charged with the offense of fighting in public (this is called affray), Although there were people who saw them fighting, the law still looks at them as innocent until they are proven guilty by the court. Therefore the magistrate has to ask them whether they are indeed guilty of the offense of fighting in public or not. This is what is called taking a plea in court.
WHAT DO THE DIFFERENT PLEAS MEAN IN COURT? There are four pleas you can give, however simply we shall refer to the ‘guilty’ and ‘not guilty’ pleas. If you tell court that you are not guilty, it means that you deny everything you are accused of. The court will start hearing your case either that day or at an appointed time. You may either be remanded to prison or granted bail if you have asked for it. If you tell court that you are guilty, then it means you accept all the accusations against you and you indeed committed the offence. The court has to either sentence you immediately or remand you to prison while it considers what punishment to give you.
IF I REFUSE TO TAKE PLEA, WHAT DOES IT MEAN.
If Kapeere and Fred, were brought before court and they refused to answer the magistrate’s questions as to whether they are guilty or not then the magistrate will enter that they said that they are not guilty on their behalf this is because silence does not mean you have you have accepted the offense instead it means you have denied the offense that you are accused of having committed.
#BarefootLaw
#osutayusuf
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