By Peter Davieson

High Court Judge Justice Chifundo Kachale has said that the plea-bargaining system has the potential to reduce overcrowding in Malawi’s prisons.

Kachale, who serves as Vice Chairperson of the Plea-Bargaining Task Team, made the remarks in Zomba during the opening of a training workshop that brought together judicial officers and law students from the University of Malawi and the Catholic University of Malawi.

He explained that plea bargaining provides an opportunity for an accused person to admit guilt before a case proceeds to a full trial in court.

“Plea bargain is an agreement in a criminal case where a defendant agrees to plead guilty in exchange for concessions from the prosecutor. The prosecutor initiates or responds to the negotiation whereas the defendant makes the final decision to accept or reject the plea deal,” Kachale said.

According to Kachale, the system helps to shorten the time required to conclude criminal cases and reduces the number of suspects who remain in custody while awaiting trial.

Speaking at the same event, Professor Seth Bamburg of the Sundreau Global Justice Institute at Pepperdine University said that in the United States, 95 percent of criminal cases are resolved through plea bargaining.