Section 172b — CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 2010 (AMENDMENT) ACT 2012

(2)

At the case management, the Magistrate, Sessions Court Judge or Judge shall—

(i)

take into consideration all matters that have been considered and agreed to by the accused and his advocate and the prosecution during the pre-trial conference; and where a plea bargaining has been agreed between the accused and his advocate and the prosecution during the pre-trial conference, the Magistrate or the Sessions Court Judge or the Judge trying the case shall decide on the voluntariness of the accused in the plea bargaining according to the provisions of section 172c;

(ii)

where no pre-trial conference has been held on the ground that the accused is unrepresented, discuss with the accused and the prosecution any matter which would have been considered under section 172A;

(iii)

assist an accused who is unrepresented to appoint an advocate to represent the accused;

(iv)

determine the duration of the trial;

(v)

subject to subsection (3), fix a date for the commencement of the trial;

(vi)

subject to the consent of the accused and his advocate, and the prosecution, admit any exhibits; and

(vii)

give directions on any other matter as will promote a fair and expeditious trial.

(3)

A subsequent case management, if necessary, may be held not less than two weeks before the commencement of the trial.

(4)

The trial shall commence not later than ninety days from the date of the accused being charged.

(5)

Notwithstanding subsections (1) and (4), a failure for the case management or the trial to commence according to the time period specified in the subsections shall not—

(a)

render the charge or prosecution against the accused as defective or invalid; or

(b)

be considered as a ground for appeal, review or revision.

(6)

Notwithstanding the provisions of the Evidence Act 1950, all matters that have been reduced into writing and duly signed by the accused, his advocate and the prosecution under subsection 172A(5) shall be admissible in evidence at the trial of the accused.";

(c)

in subsection 172c(1), by inserting after the words "charged with an offence" the words "and claims to be tried";

(d)

in section 172D—

(i)

by substituting for subparagraph (1)(c)(ii) the following subparagraph:

" (ii) subject to subsections (2) and (3), sentence the accused to not more than half of the maximum punishment of imprisonment provided under the law for the offence for which the accused has been convicted."; and

(ii)

by substituting for subsection (3) the following subsection:

“(3) Subparagraph (1)(c)(ii) shall not apply where一

(a)

in the case of a serious offence, the accused has a previous conviction for a related or same offence; or

(b)

where the offence for which the accused is charged with falls within the following:

(i)

an offence for which the punishment provided under the law is fine only;

(ii)

an offence for which the punishment provided under the law is imprisonment for natural life;

(iii)

any sexual related offence;

(iv)

any offence committed against a child who is below twelve years of age; or

(v)

any other offence as may be specified by the Public Prosecutor by order published in the Gazette."; and

(iii)

by inserting after subsection (3) the following subsection:

"（4）For the purpose of paragraph (3)(a), "serious offence" means an offence where the maximum term of imprisonment that can be imposed is not less than ten years, and includes any attempt or abetment to commit such offence."; and

(e)

by inserting after section $ 1 7 2{\mathrm{F}} $ the following section:

"Subparagraph 172D(1)(c)(ii) to be applicable to accused who pleads guilty