If SD is found not guilty, will that mean the plea bargain could be withdrawn. I know they've still given evidence for the PT, but a not guilty, depending how the judge words it would suggest they are/were not telling the truth wouldn't it? That the murder was down to them in the planning and action.
Below is a draft/template for an immunity document which would be used in the UK (bolded bit by me!). It would depend on the terms and how the subject would have breached it, e.g. by refusing to testify or being untruthful in testimony but he/she *could* be prosecuted for the original offence. In the case of a plea bargain for reduced sentence, the sentence would be liable to be reviewed. The outcome of any proceedings he/she testified during is irrelevant, just whether he/had breached it. For example, if the subject lied and the defendant was still found guilty, the subject would still be in breach.
Not sure how it works in SA but I think it would be the same....however, these agreements and their use ar far more common over there.
Draft immunity from prosecution
Serious Organised Crime and Police Act 2005
Notice under Section 71(1)
This agreement does not apply in relation to proceedings in Northern Ireland.
This Immunity from Prosecution (the Immunity) Notice is entered into pursuant to the provisions of section 71 of the Serious Organised Crime and Police Act 2005 (the Act).
I, (name of specified prosecutor), am a specified prosecutor for the purposes of section 71 of the Act [a Crown Prosecutor and a specified prosecutor designated by Director of Public Prosecutions under section 71(4), of the Act.]
I hereby give written notice that the Crown will not pursue criminal proceedings against [name of witness] of [address] for any of the following offences committed in the circumstances described by [name of witness] in the course of [an] interview
given on [insert date(s)] :
Offence
Offence
Immunity from prosecution under this notice is confined to the offence set out above and on the basis of the account given by [name of witness] in the interview(s) specifically mentioned in this notice. It does not extend to offences or conduct not disclosed whether orally or in writing by the said [name of the witness] to the prosecutor prior to the giving of this notice/before entering into this agreement. Nor does it extend to offences that the witness may commit after this notice is signed.
The grant of immunity from prosecution is made and remains conditional on [name of witness] satisfying and continuing to satisfy each of the conditions set out below.
[Name of witness] must admit participation in the offence(s) described in paragraph 3 of this notice.
[Name of witness] must provide the investigator with all facts, statements, documents, evidence or any other items ('Information') available to him/her relating to the said offence(s) and the existence and activities of all others involved.
[Name of witness] shall maintain continuous and complete cooperation throughout the investigation of the said offence(s) and until the conclusion of any criminal proceedings arising as a result of the investigation. Such cooperation includes but is not limited to [Name of witness]:
voluntarily and without prompting, providing the investigators with all Information that becomes known to him/her or available to him/her relating to the said offence(s), in addition to any such Information already provided;
providing promptly, and without the prosecutor using powers under any section of the Act, all Information available to him/her wherever located, requested by the investigator in relation to the said offence(s), to the extent that it has not already been provided;
giving truthful evidence in any court proceedings arising from the investigation of the said offence(s).
(Include only if offender prosecuted for other matters.) Failure to comply with the terms of this agreement may also result in any sentence of the court that [name of witness] has received in relation [specify offence and date of sentence if applicable] being referred back to the court for review pursuant to section 74 of the Act.
This immunity notice will cease to have effect if [name of witness] fails to any extent to comply with any of the conditions specified in the notice. In particular, if the Specified Prosecutor determines that the conditions set out in this notice have not been fully complied with, or that [name of witness] knowingly or recklessly provided Information that is false or misleading in a material particular to the investigator or prosecutor, or conspired with or procured another so to do, the specified prosecutor may revoke the grant of immunity from prosecution. On revocation, the grant of immunity will cease to have effect and any Information provided by [name of witness] may be used against him/her in criminal proceedings and/or recovery actions under Part 5 of the Proceeds of Crime Act 2002.
Irrespective of whether, the specified prosecutor has revoked the grant of immunity, all Information provided to the investigator by [name of witness] shall remain in the possession of the investigator.
This notice sets out all of the terms and conditions on which the grant of immunity from prosecution to [name of witness] for the said offence(s). It supersedes all prior understandings, if any, from whatever source whether oral or written, relating to the said offence(s).
The signatories below acknowledge acceptance of the terms and conditions set out above which shall only take effect when both parties have signed this letter in duplicate, one original to be retained by each party.
Signed by the witness Signed by the Specified Prosecutor
http://www.cps.gov.uk/legal/p_to_r/...ious_organised_crime_and_police_act_2005/#a13
