Criminal Charges Research Articles

Leveraging video evidence in domestic violence misdemeanour cases: Examination of case dispositions and case length

Abstract Law enforcement has used video recording devices (e.g. dash camera, body-worn camera) for more than 40 years, with body-worn cameras emerging in 2005 as a policing tool. However, little is known regarding how video evidence is leveraged in case decision-making and outcomes for domestic violence. Law enforcement may use cameras to enhance evidence collection in domestic violence cases, take statements from victims, witnesses, and offenders, record injuries and damages, and document the administration of risk/injury assessments. Preliminary research has indicated video evidence may have strong evidentiary value in domestic violence cases, however, has rarely controlled for other contributing factors. This study furthers our knowledge by examining how video evidence taken by law enforcement impacts case outcomes and length of time to disposition in a sample of closed, misdemeanour domestic violence cases within a large county in a southwestern state. A random sample of cases (n = 612) with and without video evidence were examined for differences in case disposition and case length. Additional evidentiary factors and case characteristics are considered such as prior criminal charges, victim–offender relationship, presence of non-video evidence, presence of witnesses, and gender of offender. Analyses indicate significant differences, such that cases with video evidence are associated with increased guilty pleas, increased convictions, and less time to closure/final case disposition. Findings have implications for the use of video evidence in strengthening the criminal justice response to domestic violence incidents in combination with other case factors.

Trial in Absentia in Ethiopia: Legal and Practical Appraisal

The trial of a criminal charge may be held in absentia if the accused, duly summoned, fails to appear totally or after s/he was initially present when the trial begins. Ethiopia’s Criminal Procedure restricts trial in absentia to grave crimes and specific fiscal crimes. It also has procedures for summons and retrial. However, it lacks sufficient clarity about issues relating to the partial absence of the accused, the requirement of personal summons, setting aside sentences imposed in absentia, the possibility of rehearing if a defendant fails to appear in appeals by the prosecution and whether an accused may choose representation by defense counsel than standing trial in person. The Cassation Division of the Federal Supreme Court has continued giving binding interpretations that expand the scope of trial in absentia even for minor crimes precluding retrial. Having examined relevant literature and comparative experience, it is suggested that express provisions that address these gaps need to be embodied in the Draft Criminal Procedure and Evidence Law. The Cassation Division should also reconsider its binding interpretations in light of restricting the scope of trial in absentia and towards allowing retrial in cases the accused’s absence for good cause.

Social, forensic, and clinical correlates in female observandi referred for non-violent crimes.

Globally, crime is highly masculinised and research into female criminality is scarce. In South Africa, no research specifically investigating the characteristics of female observandi referred for non-violent crimes has been published. The study aimed to describe the socio-demographic, clinical, and forensic correlates in women referred to Sterkfontein Hospital for forensic psychiatric observation following a non-violent criminal charge between 2010 and 2019. It also sought to establish the relationship between the correlates and fitness to stand trial and criminal responsibility, as well as the relationship between the socio-demographic characteristics and the different non-violent criminal charges. Sterkfontein Hospital. A retrospective record review of all cases referred to Sterkfontein Hospital for a single observation over 10 years was conducted. Sixty-five cases were included in the study. Most observandi referred for non-violent crimes were found to be single (84.6%), unemployed (67.7%), reported abuse (55.4%), and had a high prevalence of mental illness (90.8%). Non-adherence to treatment was identified in 59.1% and substance use was identified in 72.2% of the study sample. The most common charge was theft (64.6%). The majority of the sample was found fit and responsible (57%). Bipolar (21%) and Primary Psychotic Disorders (35.7%) were associated with statistically significant outcomes of trial incompetence (p = 0.005) and lack of responsibility (p = 0.028). It is recommended that prospective studies are conducted which include comparisons with male counterparts and females referred for violent crimes. The study identified correlates that should be included in the standard of care in forensic assessments of female observandi.

Evaluating Pre-trial Programs Using Interpretable Machine Learning Matching Algorithms for Causal Inference

After a person is arrested and charged with a crime, they may be released on bail and required to participate in a community supervision program while awaiting trial. These 'pre-trial programs' are common throughout the United States, but very little research has demonstrated their effectiveness. Researchers have emphasized the need for more rigorous program evaluation methods, which we introduce in this article. We describe a program evaluation pipeline that uses recent interpretable machine learning techniques for observational causal inference, and demonstrate these techniques in a study of a pre-trial program in Durham, North Carolina. Our findings show no evidence that the program either significantly increased or decreased the probability of new criminal charges. If these findings replicate, the criminal-legal system needs to either improve pre-trial programs or consider alternatives to them. The simplest option is to release low-risk individuals back into the community without subjecting them to any restrictions or conditions. Another option is to assign individuals to pre-trial programs that incentivize pro-social behavior. We believe that the techniques introduced here can provide researchers the rigorous tools they need to evaluate these programs.

Protection of Rights of Undertakings and the Criminal Nature of Proceedings of the Antimonopoly Committee of Ukraine: Practice of the Constitutional Court of Ukraine and the Supreme Court

The article is devoted to examination of the practice of the Constitutional Court of Ukraine (the "CCU") and the Supreme Court (the "SC") regarding their perception and application of the practice of the European Court of Human Rights (the "ECHR") on autonomous interpretation of the term "criminal charge" for the purpose of protecting human rights under the Convention for the Protection of Human Rightsand Fundamental Freedoms (the "Convention"), to which Ukraine is a party, and equating the decisions of competition authorities to "criminal charges", in part of equating administrative proceedings of the Antimonopoly Committee of Ukraine (the "AMCU") on holding undertakings liable for infringements of Ukrainian antimonopoly legislation to criminal proceedings in part of requirements for protection of rights of undertakings.
 Analysis of the CCU's practice shows that it generally accepts and applies the ECHR's practice on equating certain administrative proceedings to "criminal" ones within the meaning of the Convention and extending criminal law guarantees to these proceedings. The CCU has not yet formed a position specifically with respect to criminal character of the AMCU's proceedings. At the same time, the CCU's positions developed considering the ECHR's practice, stating that criminal law principles and guarantees should apply to administrative proceedings concerning violations of customs rules, and the references made by the CCU to one of the most well-known ECHR's decisions on extending "criminal charge" to a decision of competition authority on imposition of a fine for violation of competition laws - A. Menarini Diagnostics S.R.L. v. Italy, when substantiating these positions, allow to assert the likelihood of the CCU equating the AMCU's administrative proceedings to criminal ones in part of requirements for protection of rights of undertakings, when this issue arises before it.
 As for the Supreme Court, questions about application of the Engel criteria to the AMCU's proceedings on enforcement of antimonopoly legislation increasingly arise before it. Undertakings seek the SC's conclusions on application of these criteria to the AMCU's proceedings. The SC has been reluctant to form such conclusions and has denied their formation thus far. The SC's practice, where it recognized the AMCU's proceedings as criminal ones for the purpose of protecting rights of undertakings, is currently absent. Therefore, one can only wait to see how the SC's practice on this issue will develop in the future.

ANALISIS YURIDIS TERHADAP PUTUSAN PERKARA TINDAK PIDANA PERKOSAAN NOMOR:205/Pid.B/2022/PN.BKN

The crime of rape is regulated in Article 285 of the Criminal Code, Chapter XIV concerning crimes against decency. The purpose of this research is to analyze the juridical judgment of the judge's decision and determine the basis of the Public Prosecutor in making criminal charges against the perpetrator of the crime of rape in case Number: 205/ Pid.B/ 2022/PN.Bkn. The type of research used in this research is normative juridical, while the nature of this research uses descriptive qualitative. The first research result in this research is that the sentence of imprisonment for 7 (seven) years in prison imposed by the Panel of Judges in Decision Number 205/Pid.B/2022/PN.BKN is correct, considering that this case is still an attempted rape taking into account Article 285 Criminal Code (KUHP) Juncto. Article 53 paragraph (1) of the Criminal Code (KUHP), the criminal decision handed down by the Panel of Judges can be reduced by one third, which means a maximum penalty of 7 (seven) years in prison, the second being the basis for the Public Prosecutor's demands regarding the charges. given with special subjective consideration, namely the public prosecutor's thoughts, feelings and assessment of the defendant, however, regarding the imposition of the punishment demanded by the public prosecutor against the defendant, it does not fulfill the sense of justice for the victim because the public prosecutor gave his demand for the defendant to be imprisoned for 5 (five) years in prison. Keyword: Juridical Analysis, Crime, Rape

Sleep disorders and criminal behavior.

Behaviors that would otherwise be considered criminal acts, but occur in the context of a sleep disorder, pose challenges to the traditional application of legal principles of criminal responsibility. Determining the degree to which consciousness is present during such behaviors becomes a necessary step in assigning criminal culpability. Historically, legal defense theories of unconsciousness, automatism, and insanity have been raised to negate culpability for parasomnia related behaviors. Accordingly, proper assessment of sleep disorders in the context of criminal charges becomes critical in assisting the functions of the justice system. This article reviews principles related to the legal tradition, expert assessment, and elements of expert testimony related to criminal behaviors and sleep disorders.

Therapeutic Outcomes of Treatment With Long-Acting Injectable Antipsychotics in Forensic Populations With Schizophrenia-Spectrum Diagnoses.

The advantages of long-acting injectable antipsychotics (LAIs) in schizophrenia are well studied. However, forensic involvement is common in schizophrenia, and incarcerated individuals are often excluded from clinical trials. Nonadherence and oral medication diversion in forensic populations with schizophrenia, and the relationship between antipsychotic nonadherence and crime support LAI utilization in this subset of patients. Yet, federal regulations limit data generation in forensic populations. This review characterizes data on therapeutic outcomes of LAIs in correctional populations with schizophrenia-spectrum diagnoses. A search for primary literature was conducted in PubMed. Favorable effects of LAIs were observed on adherence, psychiatric symptomatology, patient satisfaction, health care costs, and frequency of criminal charges. Data were primarily retrospective and included small samples and individuals with historical versus current forensic involvement. Although limited, available literature and insights into the correctional system suggest advantages to LAI use in forensic populations. Barriers to conducting research in correctional settings must be addressed to facilitate further data generation.

The Position of the Principle of Legality vs the Principle of Opportunity in the Accemination of the Prosecutor's Demands in the Replic Agenda (Valencya Case Study at the Karawang State Attorney)

Withdrawing criminal charges against Valencya during a trial's replication stage has generated debate, seemingly balancing the principles of legality and opportunity. This issue is significant because the Prosecutor in the Valencya Case has effectively assumed the role of Legal Advisor. This study presents a descriptive analysis of normative research within the criminal procedure system. By detailing the placement of legal charges in the Valencya case, a thorough analysis is conducted regarding the Public Prosecutor's authority in determining the legality and the discretion to discontinue prosecution. The Principle of Opportunity justifies discontinuation efforts in charge acquisition, even when clearance requirements are conducted in the replica agenda. While prioritizing legal interests to achieve justice for victims, the principle of legality can be waived, aligning with the concept of restorative justice in the Prosecutor's Office agenda.

PERLINDUNGAN HUKUM TERHADAP HAK-HAK TERDAKWA DALAM PENYELESAIAN PERKARA PIDANA DI GORONTALO

Based on research results witness or victim protection is regulated in Law no. 13 of 2006 and to find out how the legal protection of the rights of the defendant in criminal cases in Gorontalo the violation of the defendant was carried out by the investigator both from the beginning of the process until the end of the process. The human rights law must be fulfilled and there are several violations committed by the investigator both intentionally or unintentionally. The defendant's human rights are listed in Law No. 8 of 1981 concerning criminal procedural law in article 98 paragraph 1 explains"If an act which forms the basis of an indictment in an examination of a criminal case by a district court results in a loss for another person, the presiding judge may at the request of that person determine to incorporate the case for the compensation claim to the criminal case".Paragraph (2) explains;"The request referred to in paragraph (1) may only be submitted at the latest before the public prosecutor recommends a criminal charge. In the event that the public prosecutor is not present, the request is submitted no later than before the judge passes the sentence ".The defendant's human rights law is a right that must be carried out by the investigator from the beginning of the process until the end of the investigation process.

THE PRESUMPTION OF INNOCENCE AS A FUNDAMENTAL HUMAN RIGHT IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Although intensely claimed, the presumption still has an unclear outline, but which asserts its identity progressively and evolving through the European Court of Human Rights (to abbreviate E.Ct.H.R). jurisprudence. The Court delimits the material, personal and temporal scope of application of the presumption of innocence, using the category of "autonomous notions" and invoking the phrase "criminal charge". As for the content of the presumption of innocence in the practice of the E.Ct.H.R., a triple valence of the presumption can be seen: 1. obligation of non facere; 2. rule of evidence; 3. legislative rule in the matter of substantive law.

Associations Between Supported Accommodation and Health and Re-offending Outcomes: a Retrospective Data Linkage Study.

Following release from prison, housing and health issues form a complex and mutually reinforcing dynamic, increasing reincarceration risk. Supported accommodation aims to mitigate these post-release challenges. We describe the impact of attending Rainbow Lodge (RL), a post-release supported accommodation service for men in Sydney, Australia, on criminal justice and emergency health outcomes. Our retrospective cohort study using linked administrative data includes 415 individuals referred to RL between January 2015 and October 2020. Outcomes of interest were rates of criminal charges, emergency department (ED) presentations and ambulance attendance; and time to first reincarceration, criminal charge, ED presentation and ambulance attendance. The exposure of interest was attending RL; covariates included demographic characteristics, release year and prior criminal justice and emergency health contact. Those who attended RL (n = 170, 41%) more commonly identified as Aboriginal or Torres Strait Islander (52% vs 41%; p = 0.025). There was strong evidence that attending RL reduced the incidence criminal charges (adjusted rate ratio [ARR] = 0.56; 95% confidence interval [CI] 0.340.86; p = 0.009). Absolute rates indicate a weak protective effect of RL attendance on ED presentation and ambulance attendance; however, adjusted analyses indicated no evidence of an association between attending RL and rates of ED presentations (ARR = 0.88; 95% CI = 0.65-1.21), or ambulance attendance (ARR = 0.82; 95% CI = 0.57-1.18). There was no evidence of an association between attending RL and time to first reincarceration, charge, ED presentation or ambulance attendance. Greater detail about reasons for emergency health service contact and other self-report outcome measures may better inform how supported accommodation is meeting its intended aims.

Treatment-relevant factors among adults receiving court-mandated substance use treatment: The role of emotion dysregulation.

Despite often being mandated to substance use treatment after release, many people on probation do not complete treatment. Several historical factors have been identified as relevant to substance use treatment in this population (i.e., past substance use, treatment history, and criminal history); however, less is known about the psychological characteristics, such as emotion dysregulation, that influence treatment-relevant factors among people in the criminal justice system. The present study used cross-sectional data to examine whether emotion dysregulation was associated with past-year substance use severity, engagement in prior drug and alcohol use treatments (yes/no, number of prior treatments), and previous criminal charges (total number of charges, number of charge types) in a sample of adults on probation who were receiving court-mandated substance use treatment (N = 163). We also examined whether these relationships varied across sex. Results showed that overall emotion dysregulation was more strongly linked to substance use severity and criminal charges for females than males. Emotion dysregulation dimensions of difficulties engaging in goal-directed behaviors and controlling impulsive behaviors when distressed were associated with more severe past-year substance use, more prior drug treatments, and a greater number of lifetime criminal charges and charge types. Emotion dysregulation plays a role in substance use treatment-relevant factors among people on probation. Sex-specific clinical implications of targeting emotion dysregulation in the context of mandated treatment in order to prevent treatment failures are discussed. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Using Bidirectional Encoder Representations from Transformers (BERT) to predict criminal charges and sentences from Taiwanese court judgments.

People unfamiliar with the law may not know what kind of behavior is considered criminal behavior or the lengths of sentences tied to those behaviors. This study used criminal judgments from the district court in Taiwan to predict the type of crime and sentence length that would be determined. This study pioneers using Taiwanese criminal judgments as a dataset and proposes improvements based on Bidirectional Encoder Representations from Transformers (BERT). This study is divided into two parts: criminal charges prediction and sentence prediction. Injury and public endangerment judgments were used as training data to predict sentences. This study also proposes an effective solution to BERT's 512-token limit. The results show that using the BERT model to train Taiwanese criminal judgments is feasible. Accuracy reached 98.95% in predicting criminal charges and 72.37% in predicting the sentence in injury trials, and 80.93% in predicting the sentence in public endangerment trials.

Kajian terhadap Putusan Hakim Nomor 1747/Pid.B/2023/Pn. Sby Ditinjau dari Undang Undang No 17 Tahun 2023 Tentang Kesehatan

ABSTRACT. Access to healthcare services is a fundamental right guaranteed by the 1945 Constitution. Hospitals play a crucial role in providing healthcare services, improving and maintaining the health of every individual. The Indonesian state fully regulates health services under Law Number 17 of 2020. Despite the regulations, there have been instances of individuals providing healthcare services under fake identities, leading to various forms of crime in the health sector. This research aims to examine the legal implications for hospitals that employ individuals with fake identities to provide health services. Additionally, it intends to determine the criminal liability of individuals who provide health services with fake identities, according to Law Number 17 of 2023. The research method employed is a normative juridical approach with descriptive analysis. The data was collected through literature studies using secondary data, while the data analysis used qualitative juridical methods. The results of this research indicate that hospitals have a responsibility to compensate for losses incurred due to the negligence of their medical personnel, both administratively, civilly, and criminally. On the other hand, individuals who provide healthcare services in hospitals with fake identities will face criminal charges under the law.

Concept of Additional Criminal Replacement Money in the Crime of Corruption under Law No. 20 of 2001 Concerning Eradication Criminal Acts of Corruption

The research article entitled The Criminal Concept of Additional Compensation Money in Corruption Crimes Based on Law no. 20 of 2001 concerning the Eradication of Corruption Crimes with the formulation of the problem and research objectives: What is the concept of additional criminal charges for replacement money in criminal acts of corruption based on Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. The approach method used is normative juridical research, and uses a statutory approach and a conceptual approach. Resulting in the following findings/conclusions. The Prosecutor's failure to execute the compensation money in criminal acts of corruption is not optimal, basically it is not something that is desired or intentional, but there are juridical obstacles to the court's decision. The juridical obstacle referred to is the lack of clarity regarding when the execution of a court decision that has permanent legal force is carried out, including Article 270 of the Criminal Procedure Code which states that the execution of a court decision that has permanent legal force is carried out by the prosecutor, after the clerk sends a copy of the decision letter to him, the provisions This requires that the execution can only be carried out and carried out by the prosecutor, after the clerk sends him a copy of the decision letter, so that the defendant refuses to be executed based on a quote from the final decision, in addition to the court decision not providing a legal basis for what the defendant's belongings have been confiscated.

A Comparative Analysis Of Prisoner’s Disenfranchisement In India And International Jurisdictions: A Critical Study

The fundamental pillar of a flourishing democracy is commonly recognized by way of the right to vote. It is a system by which individuals select representatives to advocate for their best interests. In this study, the authors examine the current global legal provisions of prisoners' voting rights within the framework of India. Suffrage was one of the major political issues that drove a revolt. Through laws, numerous Countries worldwide, such as the USA, UK, and India, have restricted the voting rights of inmates and former felons to varying degrees. Many of these Countries are among the largest democracies globally. The right to vote is a powerful symbol of societal inclusion, with its denial of the right to vote often being criticized. The importance of suffrage forms the basis of an individual's dignity towards their Country. There is an ongoing necessity to study and comprehend disenfranchisement concerning rehabilitative approaches to punishment, as the formerly leading "retributive theory" has failed to demonstrate its relevance in the modern era. A Comprehensive understanding of the concept of disenfranchisement is required, as there is no established principle governing the limitations of universal suffrage due to criminal charges. In light of international human rights jurisprudence, the authors aim to investigate the evolving dynamics of disenfranchisement.

The Position and Urgency of the Justice Collaborator in the Crime of Shooting by Richard Eliezer (Ruling Number: 798/Pid.B/ 2022/ PN. Jkt. Sel)

The position of witnesses is very important in the trial process because witnesses provide proof of the guilt of the suspect and defendant based on what they saw and experienced. A justice collaborator is a person who is a witness to a criminal act and collaborates with the main perpetrator. If one of the perpetrators of a particular criminal act admits what was done but is not the main perpetrator of the action, they provide information as a witness in the criminal trial. The problems that will be discussed in this research are what is the position of Justice Collaborator in Indonesian criminal law, what is the urgency of Richard Eliezer as Justice Collaborator in the criminal case of the shooting of Joshua Hutabarat (analysis of decision Number: 789/Pid.B/ 2022/PN. Jkt.Sel ). In carrying out this research the author used a method that can answer the problem formulation in this research, namely qualitative with a normative juridical approach. In several cases, the judge handling the Justice Collaborator referred to the Supreme Court Circular No. 04 of 2011 concerning handling Justice Collaborators in certain criminal cases, or SEMA No. 04 of 2011. Protection Regulations carry out protective actions and cooperate with justice. Whistleblowers cannot be prosecuted criminally or civilly for reports or statements made, made, or have been made. However, witnesses cannot be acquitted of criminal charges in the same case if their guilt is clearly proven in court. Because of his testimony, the judge was able to reduce the sentence. The Justice Collaborator is currently regulated by law. The Justice Collaborator is essential to organizing an orderly system of justice and providing effective enforcement and protection for those who are or will be witnesses. It also plays an important role in preventing criminal activity by achieving goals, fostering trust, fostering respect, and encouraging legal cooperation. Supreme Court Circular No. 4 (SEMA) of 2011 states that the government must be involved in investigating cases of witnesses and victims, emphasizing that the idea of justice collaborators is based on the belief that people who are punished for their actions can be used to ensure justice in criminal cases.

PUTATIVE PRIVATE DEFENCE IN CRIMINAL LAW Tuta v The State 2023 (2) BCLR 179 (CC)

In a country like South Africa, plagued as it is by violent contact crime, it is not surprising that the defences of private defence and putative private defence are often raised by accused in criminal trials. It is trite that, for a conviction in a criminal court, the prosecution is tasked with proving the accused’s liability beyond reasonable doubt. As an element of a crime, unlawfulness does not simply lie in fulfilment of the definitional elements of a crime. There are instances where, notwithstanding fulfilment of the definitional elements of a crime, the conduct is justified or legally regarded as objectively reasonable. These instances are known as grounds of justification and technically serve to exclude unlawfulness. A ground of justification, if successfully raised, is therefore a complete defence to any criminal charge. There is not a numerus clausus of valid grounds of justification in South African criminal law; the test remains whether the accused’s conduct was objectively reasonable in the particular situation. One such ground of justification is private defence. A person acts in private defence, and therefore lawfully, if they use the minimum force necessary to ward off an unlawful human attack that has commenced, or is imminently threatening, upon their or somebody else’s protected legal interests such as life, physical integrity, property, reputation or dignity. The defensive act in private defence must be: necessary to protect the threatened interest; directed at the attacker; reasonably proportionate to the attack; and perpetrated with the knowledge that it is performed in private defence. Unlike private defence, putative private defence is not a ground of justification that excludes unlawfulness. Putative private defence exists where an accused is under the mistaken belief that they are conducting themselves in private defence whereas there is no such ground of justification in the circumstances. If an accused labours under the genuine but erroneous belief in the existence of a ground of justification, their conduct remains unlawful. The accused lacks the knowledge that they are, in reality, acting unlawfully. While the accused’s conduct remains unlawful, the absence of knowledge of unlawfulness results in a lack of intention, since knowledge of unlawfulness is an integral part of intention. The accused’s mistaken belief that they are acting lawfully in private defence must be honest and genuine but need not be rational or reasonable. If, on the facts, there could be no honest and genuine belief on the accused’s part in the lawfulness of their defensive act, putative private defence cannot exist. 
 It is trite that, for private defence to succeed as a ground of justification, the test is objective in the sense that the attack and the defensive action must meet certain objective requirements. The accused’s subjective belief, whatever it may be, has no impact on the validity of private defence as a ground of justification. The Constitutional Court in Tuta v The State (2023 (2) BCLR 179 (CC)) was recently tasked with making a finding on the correct legal test to be applied to the existence of the defence of putative private defence. In this contribution, the Constitutional Court’s decision is analysed.

Dissecting a Legal Equilibrium and the Right of the Court to Convict for a Lesser Offence Proved

Criminal justice system administers justice and safeguards the lives and properties of individuals in the society. It is regarded as the stage a defendant passes through until the final determination of his case. One of these stages is the criminal trial of the defendant. Criminal trials are often bedeviled with challenges relating to the appropriate procedures to be followed for proper administration of justice in respect of a criminal charge. When the prosecution or the court faults procedures, it affects the constitutional rights of the defendant and often leads to injustice. When a charge is preferred before the court and the plea of the defendant is taken based on the charge before the court, courts in most cases have formed the usual practice of convicting the accused person based on the evidence of the prosecution whose evidence discloses a different offence from the one charged. This practice violates procedural rules and it is a breach of the right to fair hearing of the defendant. This study examined the procedure in criminal trial, the duties of the court in criminal trial and the constitutional provisions on the rights of the defendant. The study adopted doctrinal research methodology with specific reliance on primary and secondary sources such as judicial decisions, statutes, textbooks, articles, online materials among others. The study concluded that the necessary procedural steps should be observed where the evidence of the prosecution discloses a lesser or different offence other than the one charged and pleaded to by the defendant.