Plea bargains do occur in Australian law, but they are more often called "plea negotiations." In plea negotiations, the defendant decides to plead guilty to a lesser charge or only some of the charges against them in exchange for a lighter sentence or other favourable conditions. This way of negotiating shortens the hearing, which saves time and money for both the defendant and the court. An important factor in how well a plea deal works is often how well the lawyer knows the details of the case. For those who are thinking about entering plea negotiations or just want to know more about how this process might affect their case, the experienced criminal lawyers at Josh Smith Legal are ready to help and defend them. Get in touch with us right away to discuss your options and figure out the best way to handle your case.
How Does Plea Bargaining Work In Australia?
There are several instances when a criminal lawyer might try to make a plea deal:
- Convincing the prosecution to drop all charges.
- In cases where there is only one crime, try to get the prosecutors to accept a guilty plea to a less serious charge and drop a more serious charge.
- People who have been charged with more than one crime can work out a deal with the prosecution to plead guilty to some of the charges if the other charges are dropped. This is called a Form 1 listing of charges that the court can use when deciding your sentence for the main crime.
- When you plead guilty to the crime, trying to get the prosecutors to present a set of facts that are more favourable to you than the ones they originally charged you with.
- Convincing the prosecutors to change their minds about going to the District Court and instead choose to go to the Local Court.
Do Plea Negotiations Really Work?
Plea bargaining can indeed help people get through criminal procedures more quickly, but it is also important to note that there are known problems with it. The issue of privacy during plea bargaining is a significant problem. Since most talks happen behind closed doors, it can be hard to tell if they are fair.
During the plea-bargaining process, certain concerns may arise about the accused being put under pressure to plead guilty to charges that they could fight, such as agreeing to a different story of what happened. In this case, the accused probably hasn't gotten professional help from a criminal lawyer. This highlights the importance of having skilled and experienced criminal lawyers on your side who will fight for you and the best possible outcome.
If you are a victim, you might want to write a victim impact statement to communicate how the crime has affected you. This statement can be presented during sentencing to provide the court with a clearer understanding of the impact on your life.
Also, it's important to know that in Victoria, the prosecution and defence can't agree on a sentence. They can't agree that the prosecution will accept a certain term in exchange for a guilty plea, as they can in the U.S. The judge in charge always has the power to decide the sentence. However, the prosecution may agree that a certain sentence is possible and fits the crime. For instance, the prosecution might agree not to tell the court that only a prison term is appropriate. The prosecution can only argue for a prison term; they can't suggest a specific length of time in jail. Both sides can only point to similar cases that have already happened and the terms those defendants received.
How Accepting A Plea Deal Can Benefit You
By its very nature, plea bargaining is a complicated part of criminal law. Talking with the prosecution can help in many ways, such as lowering the charges, dropping significant charges in favour of lesser ones, getting better summaries of the facts, and reducing the number of charges. However, it's crucial that your criminal lawyer is transparent about how the negotiations work and that they follow your instructions and fight for you. They must also carefully document any discussions with the police, as these can be used in court and to determine the sentence.
If you're facing charges and are out on bail, it's important to understand how bail works. Bail allows you to remain free while awaiting your trial by either paying a specified amount or agreeing to certain conditions set by the court. This system helps ensure that defendants appear at all required court hearings.
Conclusion
In Australia, the legal system doesn't use the phrase "plea bargain," but the concept of "plea negotiation" is almost the same. The main goal is for the prosecution and the defence to come to an agreement that will lead to the accused pleading guilty. This process speeds up court hearings, saves time and money, and prevents people from having to go through long, stressful trials. However, negotiating a plea deal isn't always easy and can lead to problems. It's very important to have skilled criminal lawyers who can handle these negotiations well and protect the accused's rights and interests. Despite the benefits, plea bargaining needs careful thought and professional help to ensure the best outcome for everyone.
Resources And Further Reading
- https://www.mcv.vic.gov.au/form-finder/notice-defendant-form-1
- https://www.aic.gov.au/sites/default/files/2020-05/CRG_51_13-14-FinalReport.pdf
- https://victimsandwitnesses.cdpp.gov.au/system/files/2021-01/Plea%20negotiations%20and%20VoC.pdf
Author Bio
Dragana Randjelovic - Writing has always been her side project, and it fulfils her just as much as her teaching career. Having worked in a variety of corporate, agency, freelance, and part-time roles for the past eight years, Dragana has developed a strong background in copywriting, marketing, and content creation. Her writing portfolio covers a wide range of topics from her nearly eight years in the field, including cars, nutrition, cryptocurrencies, moving, and logistics. She has concentrated on writing about law over the last two years.
