The Attorney- General and Minister of Justice, Godfred Yeboah Dame has emphasized the potential benefits of plea bargaining in tackling financial and economic crimes, while also warning against its misuse.

Speaking at the 41st Cambridge International Symposium on Economic Crime at Jesus College, University of Cambridge, he addressed the complexities of using plea bargaining as a tool in the fight against economic offenses.

Mr Dame cautioned that utilizing plea bargains merely to recover proceeds of crime without an admission of guilt undermines the fundamental objectives of criminal law.

"Prosecutors will face a real risk of sacrificing their reputation and creating a false impression of having compromised their professional integrity and duty to prove the commission of an offense on the altar of making money for the State or providing a shield from prosecution to accused persons," he stated.

He called for a “delicate balance” in applying plea bargaining to prevent unintended consequences, arguing that such agreements should ideally be grounded in a clear acknowledgment of responsibility, especially in cases involving public resources.

“Plea bargaining should, as much as possible, be entered into on the basis of a clear acknowledgment of responsibility for the commission of a crime,” Mr Dame emphasized.

However, the Attorney-General also recognized that there could be exceptions where a plea agreement or Deferred Prosecution Agreement (DPA) might be appropriate without an admission of guilt.

He noted this could occur in cases where proving the crime is particularly challenging or when a trial is not in the public interest due to more compelling considerations.

“It is only when the commission of an economic crime may be impossible to prove, or the necessity for a trial is outweighed by more compelling considerations, that a plea agreement or DPA, which is not founded on an admission of liability, may be entered into,” he explained.