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What is Criminal Case Management System (CCMS)?

Not all criminal mention is resolved within the day the matter is brought to the court’s attention. While pleading guilty early is beneficial in saving the time and cost of all the parties involved, it is common for the accused to be reluctant to take the necessary step to plead guilty when the punishment meted out to the accused by the public prosecutor is severe.

In such circumstances, the accused may wish to consider to request legal assistance to enter into a plea bargain with the public prosecutor.

One of the many methods a legal representative may assist the accused is by requesting for a session of Criminal Case Management System (“CCMS”) with the public prosecutor to discuss the accused’s case before proceeding further. A CCMS is a private meeting between the accused’s legal representative, the public prosecutor and occasionally, the accused himself/herself, to discuss the accused’s case in private. This will allow the accused to understand their case, by narrowing the issues at hand and, the pertinent facts and evidence that play key roles in the public prosecutor’s case. The accused and his/her legal representative may also enter into a plea bargain with the public prosecutor during CCMS if he/she intends to plead guilty. As CCMS is only available with a legal representative, the accused may wish to consider seeking legal representative if they wish to proceed with a CCMS meeting.

What is a Plea Bargain?  

A plea bargain is an informal agreement between the public prosecutor and the accused (usually by their legal representative) wherein the accused agrees to plead guilty in exchange for some form of leniency from the public prosecution.

There a three (3) different type of plea bargaining:

A plea bargain for a reduced sentence, wherein the accused agrees to plead guilty if the accused agreed to plead guilty in exchange for the public prosecutor suggesting a lighter sentence to the court;

A plea bargain wherein the accused agrees to plead guilty if the public prosecutor agrees to take into consideration certain charge(s) or withdraw some charge(s) against the accused; or

 A plea bargain wherein the accused agrees to plead guilty if the public prosecutor agrees to omit certain facts in the statement of facts presented to the court.

While a plea bargain can be entered for a reduced sentence, the accused must be mindful that the court has the prerogative power at any time during a criminal mention and before the penalty is meted out by the court, to include, amend or to change the charge(s) against the accused. As such, the court will not be bound by any changes that the public prosecutor made during the CCMS.

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When can you apply for a CCMS?  

A CCMS can only be applied to selected cases wherein the accused is represented by a legal counsel, and the accused is currently on bail. CCMS can be requested and held at any time before the court issue their decision and providing the sentences applicable.

Both the counsel of the accused or the public prosecutor can request for a CCMS.  

Is There Other Alternative Aside from CCMS?  

The accused may wish to consider writing a letter of representation to the public prosecutor.

Letter of representation is a form of correspondences by the accused to the public prosecutor to highlight pertinent facts and points to the public prosecutor for their consideration before the matter proceeds to a plead guilty mention. Summarily, a letter of representation allows the accused to have his/her say on his/her side of the story to the public prosecutor before the plead guilty mention. Upon the acceptance of the accused’s letter of representation, the public prosecutor may (1) drop the charge(s); (2) give a lesser charge(s) or (3) proceed with the original charge(s) but with the lower sentencing position. The accused then may then consider pleading guilty if he/she chooses to.  

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Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice.
Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice.
Please consult a lawyer for specific review of your case and advise. 

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