"charge negotiations" means negotiations between the prosecution and an
offender with respect to a plea of guilty in relation to an offence other than
the principal offence concerned.
"requisite consultation" means consultation with the victim and the police
officer in charge of investigating an offence that complies with the
applicable prosecution guidelines.
"victim" has the same meaning as it has in section 26.
(2) A court must not
take into account offences other than the principal offence, or any statement
of agreed facts, that was the subject of charge negotiations unless the
prosecutor has filed a certificate with the court verifying that--
(a) the
requisite consultation has taken place or, if consultation has not taken
place, the reasons why it has not occurred, and
(b) any statement of agreed
facts arising from the negotiations tendered to the court constitutes a fair
and accurate account of the objective criminality of the offender having
regard to the relevant and provable facts or has otherwise been settled in
accordance with the applicable prosecution guidelines.
(3) The certificate
must be signed by or on behalf of the Director of Public Prosecutions or by a
person, or a person belonging to a class of persons, prescribed by the
regulations.
(4) A certificate is taken to be signed on behalf of the
Director of Public Prosecutions if it is signed by a person who is authorised
to do so by means of a written order signed by the Director of Public
Prosecutions or who belongs to a class of persons so authorised.
(5) The
court may require the prosecution to explain the reason for a failure to file
a certificate when it is required by this section to do so.
