The Role of the Accused and/ or the Accused’s Advocate.

The accused should be given an opportunity to address the court before the sentence is passed. (Haining and others v R. (1972) HCD n.53)

He may contradict, explain or qualify whatever the prosecutor has told the court about the accused and the circumstances of the case. (Kisanga J in R v Sulemani Saidi and another (1977) LRT n29 referred to in B D Chipeta, A Handbook for Prosecutors, (2007, 3rd ed.,) p.77

He should be given the opportunity to examine any record of previous convictions produced by the prosecution and given the opportunity to accept or deny this record.

He may provide the court with any information he considers is relevant in mitigation of the sentence upon him such as his age, antecedents, previous good character (if appropriate), his responsibilities to his family, the impact of sentence upon him or others, any remorse, any explanation what led the accused to commit the offence.

The accused should be asked to provide details of his financial income and assets so that the court can consider this in determining the appropriate level of fine, compensation or other financial order.

If the accused does not have the sufficient means to pay for an advocate but the court considers it is in in the interests of justice that an accused person should have legal aid to assist his preparation and conduct of his case then the court shall issue a certificate to this effect. The Registrar should assign to the accused a legal aid provider who has such an advocate. (Legal Aid Act 2017 s33). The appropriate form is at Ninth Schedule - Form No.009 of the Legal Aid Regulations 2018.

If the accused is unrepresented, the prosecution should assist the court by outlining those matters which should be considered to mitigate any sentence such as an early admission and indication of remorse.