3.1.7 plea negotiations

Question 1

define plea negotiations

Answer 1

the discussion between the prosecution and the accused about the charges against the accused, aiming for an accused to plead guilty to lesser chargers, or fewer chargers altogether in exchange for the prosecution to to request a lesser sentence.

Question 2

what are three outcomes of a plea negotiation

Answer 2

-the accused pleads guilty to fewer chargers, with the remaining chargers not proceeding.

-the accused pleads guilty to a lesser charger (an alternative offence with a lower maximum penalty) e.g. culpable driving causing death - dangerous driving causing death

-the accused pleads guilty to a charge but an agreement is reached about the facts on which the plead is based.

Question 3

discuss how does plea negations take into account victims

Answer 3

-victimns should be consulted before plea negotiations and their views taken into account

-however, this is not a deciding factor, remains with the court.

Question 4

two purposes of plea negotiations

Answer 4

to ensure certainty of the outcome of a criminal case.
-removes the risk of acquittal and ensures a certain outcome.

to save on costs, time and resources.
-by avoiding a trial or hearing, it mainly saves court prosecution time, and resources.

Question 5

factors that make a plea negotiation appropriate

Answer 5

-in the publics interest
-if the accused isn’t willing to cooperate
-the prosecutions case is weak
-the accused isn’t willing to plead guilty
-prosecution is more willing to make a negotiation when a lawyer is there, rather than a self represented party.
-witness is reluctant to give evidence
-take lots of time
-stress of victims