Area of Study 1a Flashcards
Victorian Criminal Justice System
1
Q
Parliament
A
The body (either Commonwealth or State Parliament) that is given legislative power by the Australian Constitution to make laws. The nine Australian Parliaments are the primary law making bodies.
2
Q
Government
A
The party or coalition that holds the majority number of seats (in either Commonwealth or State Parliament) in the lower house and is given executive power by the Australian Constitution to enforce the law.
Consists of the Prime Minister and the Cabinet (Ministers).
3
Q
Opposition
A
The party or coalition with the second most number of seats in the lower house of parliament that consists of the Opposition Leader and Shadow Ministers.
4
Q
Crossbenchers
A
The crossbench is where minor parties and independent MPs sit. Crossbenchers play an important role in passing legislation when government does not hold majority in the upper house as they will require the votes of independents to pass a proposed bill.
5
Q
Statute
A
Legislation created by parliament, the supreme law-making body.
For example, the Crimes Act 1958 (Vic).
6
Q
Royal Assent
A
Once a bill has passed both houses of parliament in identical form, either the Governor General or the Governor (who represents the monarchy) must give Royal Assent for the bill to become legislation.
7
Q
Jurisdiction
A
Jurisdiction refers to the lawful authority of a court to hear and resolve a case. For example, the Supreme Court (Court of Appeal) has no original jurisdiction and the appellate jurisdiction to hear civil cases from the Chief Magistrate or the President/Vice President of VCAT and criminal and civil appeals from the County and Supreme (TD) Courts.
8
Q
Common Law
A
Law created by judges from the decision of a case, either from statutory interpretation or from the decision of a novel case.
9
Q
Precedent
A
A legal principle that should be followed in a later case if it has similar material facts to a previous case.
10
Q
Precedent (Binding)
A
A decision from a previous case must be followed if; similar material facts, same court hierarchy, higher court decision on lower court.
11
Q
Precedent (Persuasive)
A
A decision from a previous court is likely to be followed for consistency and fairness if; different court hierarchy, same court in the same hierarchy or lower court decision on higher court (same).
12
Q
Commonwealth Offences
A
Each state and territory in Australia has their own criminal justice system as the Constitution has not provided the Cth with the ability to make laws regarding crimes other than legislating in areas related to its law making powers, such as;
>Terrorism
>People smuggling
>Espionage
13
Q
Summary Offences
A
Are minor/less severe crimes that are committed by the accused. Majority are outlined in the Summary Offences Act 1966 (Vic) and are heard in the Magistrates’ Court of Victoria (hearing not a trial). There is no right to a jury because the case is heard in the Mag. Court.
e.g. drink driving, jaywalking, minor assaults, common assault
14
Q
Magistrates’ Court
A
> Vic’s lowest court
Busiest court (>95% criminal offences heard in the Mag. Court
No committal hearings for summary offences
Nearly all accused are granted bail
Most summary offences are resolved in a single mention hearing where sentencing occurs
15
Q
Possible Sanctions
A
> Adjourned undertaking (with or without a recorded conviction - warning)
Fines
CCO
Imprisonment (max. Mag. for a single offence = 2 years, for multiple offences = 5 years
16
Q
Indictable Offences
A
Are serious/more severe crimes, with majority outlined in the Crimes Act 1958 (Vic) and are heard by trial in either the County or Supreme Court. A committal occurs in the Mag. Court beforehand. A jury is used to determine guilt if accused plead not guilty
e.g. murder, robbery, sexual offences, kidnapping, culpable driving causing death
17
Q
Indictable Offences Heard Summarily
A
Are a group of indictable offences that are less serious as listed in the Criminal Procedures Act 2009 (Vic).
Less costly, time consuming, less severe max. penalty in Mag court. It is during a committal proceeding that the Magistrate will determine whether an offence can be heard summarily. This may be allowed if;
> The offence is not punishable by a max. term of more than 10 years imprisonment
> The court (prosecution and Mag.) agrees and determines that it is appropriate
> The accused consents to having their offence(s) heard summarily.
18
Q
Committals
(Pre-Trial Procedures)
A
Committal - referring to the whole committal proceedings that occurs before indictable offences go to trial. It is the responsibility of the prosecution to demonstrate to the Mag. that there is ‘prima facie’ (at first glance) sufficient evidence to support conviction at trial.
On av. take 7-8 months over several hearings to;
> Ensure that only cases with sufficient evidence proceed to trial
> Allows accused opportunity to enter a plea after learning of the case against them
> Ensure fair trial as prosecution must disclose their evidence to the accused
> Allows the opportunity to test the prosecution’s case through cross-examining witnesses.
19
Q
Prosecute
A
To conduct legal proceedings against a person
20
Q
Prosecution
A
The party that presents evidence in court on behalf of the state or the Cth against a person accused of committing the crime.
21
Q
Director of Public Prosecution (DPP)/ Crown Prosecutors
A
Prosecute serious crimes on behalf of the state in the County and Supreme Courts.
22
Q
Victorian Police Officers
A
Usually prosecute minor offence cases in the Mag. Court
23
Q
Accused
A
Individual who has been charged with a crime. There can be more than one accused in a case.
24
Q
Is the victim a party in a criminal trial?
A
NO!
25
Criminal Burden of Proof
The burden of proof is a requirement within the legal system that places responsibility on one party to prove the facts of a case. For criminal law, this onus rests upon the prosecution to prove that the accused is guilty.
The rationale is that since the state has accused the wrongdoer of a crime, it is up to the prosecution to establish the facts to back up their accusation.
26
Burden Reversed
There are a few instances where the burden of proof is reversed to rest on the accused;
> If the accused's defense for their actions is mental impairment
> Possession of an illegal substance on their property and cannot demonstrate to the court on the contrary
27
Criminal Standard of Proof
This refers to the level of proof or the certainty or strength of evidence required to prove the case. In a criminal case, this standard is beyond reasonable doubt. That is, the prosecution must prove beyond a reasonable doubt that the accused is guilty.
28
Beyond Reasonable Doubt
This is the standard of proof in criminal cases. This does not mean that no doubt can exist at all, but rather, that no reasonable doubt us possible by the evidence presented or no other logical or reasonable conclusion can be drawn.
In the CC and SC, the jury will be instructed that they must be satisfied of guilt beyond reasonable doubt. In the MC, the Mag. will need to be convinced (no jury).
29
Criminal Presumption of Innocence (PoI)
A key principle within the criminal justice system whereby a person who has been accused of a crime must be presumed innocent until proven otherwise. This is why a person is referred to as an accused before they are proven or have pleaded guilty.
In Vic, this right can be found under Section 25 Charter of Rights and Responsibilities Act 2006 (Vic); prior to this was a well-established common law right.
30
Upholding PoI
> The right to silence - no obligation to answer questions other than name and address
> Apply for bail - normally granted unless danger to society, themselves or likely to abscond
> Committals - sufficient evidence to proceed to trial (fairness bc prepare defenses)
> Prior convictions - not revealed until sentencing
> Appeals - a wrongful conviction
> Police must reasonably believe that a person has committed a crime before arresting them
31
Rights of the Accused
Right to be tried without unreasonable delay
Right to silence
Right to trial by jury
32
Safeguarding Rights of the Accused
In Vic, these rights are protected by the Charter of Human Rights and Responsibilities Act 2006 (Vic).
They are based on the rights outlined in the ICCPR 1966
33
Right to be Tried without Unreasonable Delay
Charter states that a person charged with a criminal offence is entitled to a guarantee that they will be tried without unreasonable delay (S21 and S25). Every accused person is entitled to this provision.
What is reasonable is not defined but considered in conjunction with the length of delay, the complexity of the case, no. of offences committed and the reasons for the delay.
Why;
> witnesses memories may fade
> cause stress on the accused, victims and their families
> media attention
> increase legal costs
34
Right to Silence
Refers to an entitlement whereby the accused does not have to say or do anything when being charged with an offence to help avoid self-incrimination. (Underpinned by the presumption of innocence).
Incorporated in the Evidence Act 2008 - neg. inferences cannot be drawn should an accused refuse to answer questions. Selective silence also cannot conclude guilt (common law protection).
Why;
> cannot be forced to answer qs/give evidence - reinforced the burden of proof
> does not have to file a defence - ensures an accused is able to refrain from making incriminating statements
> must give name and address - reduce power imbalance bw the prosecution and the accused
35
Right to Trial by Jury
Entitlement granted if an accused pleads not guilty to an indictable offence, their guilt must be determined by a group of 12 peers rather than judge alone.
Protected through the Juries Act 2000 (Vic) and the Criminal Procedures Act 2009 (Vic)
Cth express right - S80 of the Constitution guarantees a jury for an accused of a Cth indictable offence.
Why;
> impartial and unbiased decision maker
> lawyers use clear and plain English when presenting evidence
> standard of proof prevents innocent persons being wrongfully convicted of a crime that they did not commit
> represent cross-section of the community
36
Strengths and Weaknesses Unreasonable Delay
+ an accused does not have to endure lengthy periods of stress and anxiety
+ witnesses more likely to remember key facts promoting fairness
- delay of years may be considered reasonable if complex/deemed justified
- delay increase legal fees
37
Strengths and Weaknesses
Silence
+ PoI upheld bc accused not have yo justify innocence
+ decrease power imbalance bw accused and prosecution as police not able to coerce accused into making false confessions
- jury may inadvertently believe silence is an admission of guilt
- cause ppl to be uncooperative w police resulting in barriers to justice
38
Strengths and Weaknesses
Jury
+ reflection of societal views and promote fairness bc impartial when making decisions
+ encourage lawyers to speak clearly, promoting access as parties can gain a better understanding of court proceedings
- jury is costly and time-consuming, which may result in delays
- preconceived biases or emotions may prevent impartiality
39
Victim
A person who has suffered directly or indirectly because of a crime - they are not a party, the state acts on their behalf to prosecute the accused.
In Victoria, the Victim's Charter Act 2006 (Vic) outlines key principles in relation to victims;
> Victims should be offered certain info during the investigation
> Reduce the likelihood of secondary victimisation
> Identifies the primary victim (direct injury)
> Vulnerabilities of young children and people with certain disabilities
40
Right to Give Evidence Using Alternate Arrangements
Refers to a situation whereby the victim is also a witness to the crime and may be required to testify in court.
Victims of a sexual offence: family violence offence; obscene, indecent language or threatening behaviour; sexual exposure offence are entitled to adjustments to accommodate and lessen further trauma/stress.
This is to avoid secondary victimisation whereby the victim of a crime suffers further harm through negative experiences of the criminal justice system.
41
Alternate Arrangements for a Witness
Alternate arrangements may include giving evidence outside the courtroom by CCTV, using a screen to remove the accused from the witness' line of vision, allowing another person to provide emotional support whilst giving evidence, closing the court to everyone but specified people, requiring legal practitioners to not wear a robe or remain seated during examination in chief or cross examination.
42
Right to be Informed about Proceedings
An entitlement whereby victims can be provided with information about the case they are involved in, subject to certain limitations, as outlined in the Victims Charter 2006 (Vic).
Important as victims often have a strong desire to see justice being carried out/accused is held accountable. Also eliminates uncertainty, minimising the risk that the victim suffers secondary victimisation due to legal proceedings.
43
What can Victims be Informed about?
The offences the accused has been charged with, whether they are withdrawn, changed and the reasons why.
Key developments in the case such as whether bail has been granted, date and time of trial, whether an appeal has been lodged and the grounds for appeal.
Outcome of trial - accused been found guilty, not guilty and the sanctions imposed on an accused found guilty.
Victims are not entitled to info that may put the investigation at risk or if they choose not to receive info.
44
Right to be Informed about the Release Date of the Accused
Right provided to victims of violent crimes whereby they can apply to be on the Victims' Register and be informed about the likely release date of an imprisoned offender, protected by Section 17 of the Victims Charter Act 2006.
45
Purpose of the Right to be Informed about the Release Date of the Accused
Victims often have a strong desire to know the offender is in prison - level of comfort for their safety. Victims can take precautions e.g. applying for or extending an intervention order preventing the offender contacting them.
Make submissions to the Adult Parole Board to express the effect that the offender's release may have on them.
While on the Register victims may also receive info regarding;
> length and changes to sentence
> earliest possible release date
> if offender applies/is released on parole and the conditions attached
> whether parole is cancelled
> if an offender dies or escapes from prison
46
Offences the Qualify for the Victims Right to be Informed about the Release Date of the Accused
> Rape and other sexual offences
> Aggravated burglary
> Kidnapping
> Stalking
> Child stealing
> Offences involving assault or injury punishable by imprisonment
> Culpable driving causing death
> Dangerous driving causing death or serious injury
> Failing to stop after a motor vehicle accident causing death or serious injury
47
Strengths and Limitations of the Right to Give Evidence Using Alternate Arrangements
+ Prevents secondary victimisation
+ Promotes access of the justice system as makes it less traumatic for the victim
- Only certain offences meet the eligibility of the Criminal Procedure Act 2009 (Vic) for alternate arrangements
- Victims may still find the process traumatic
48
Strengths and Limitations of the Right to be Informed about Proceedings
+ Can view justice being carried out
+ Minimises the risk of secondary victimisation due to eliminating uncertainty
- Not entitled to all information
- Does not involve them in the trial necessarily
- Info can be complex and potentially confusing if victims have no prior experience with the justice system
49
Strengths and Limitations of the Right to be Informed about the Release Date of the Accused
+ Victim can take precautions such as extend an intervention
+ Right to be notified when the offender is released
- Only victims of violent crimes qualify to be informed of the offender's release date
- Submissions to the Adult Parole Board are considered but do not guarantee that the effects of the offender's release on the victim will prevent them from being released from prison.
50
Justice
The maintenance of what is just or right by the exercise of authority over power, giving of due desserts - Oxford Dictionary
51
Fairness
All people can participate in the justice system and its processes should be impartial and open.
> Participate - engage with > Processes - procedures
> Impartial - without bias/discrimination
> Open - transparent
Designed to ensure that innocent people are not found guilty of a crime they did not commit, and public confidence is maintained.
52
Impartial Processes
Courts and personnel, incl. judges, magistrates and jury members, are independent and impartial. This means they should not show bias towards either party and the case must be decided on facts and law not prejudice.
The decision makers must acknowledge any association with either party and remove themselves from the case. Jury is empanelled at random from the community to ensure limited bias. Both sides can challenge a jury member if there is perceived bias.
Apprehend bias = a situation where a fair-minded person might believe that the person hearing or deciding a case might not bring an impartial mind.
53
Open Processes
The ability for the community to be informed and scrutinise the legal system through processes being transparent. This allows legal personnel to be held accountable and answerable for their actions.
E.g. hearing conducted in public, community, media and victims can attend court hearings and court judgements are made available to the public.
54
Participation
Refers to the ability for various individuals - e.g. accused, victims, witnesses - to engage with the criminal justice system.
E.g. the opportunity to prepare their case through knowing the facts, opportunity to cross-examine witnesses, the use of a lawyer.
55
Equality
All ppl engaging in the legal system and its processes should be treated in the same way. H/w if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow everyone to engage with the justice system without disparity or disadvantage.
VCHRR 2006 (Vic) states that everyone is equal before the law and entitled to equal protection without discrimination.
56
Formal Equality
All individuals are treated the same and given the same levels of support regardless of their personal characteristics e.g. age, sex, religion.
All accused entitled to the presumption of innocence, fair trial with same processes.
57
Substantive Equality
If the legal system did treats ppl in the same way but in doing so causes disadvantage or disparity then adjustments should be put in place to allow ppl to participate in the justice system.
Interpreters for ppl who DO NOT UNDERSTAND ENGLISH, legal aid for those who CANNOT AFFORD LEGAL REPRESENTATION, alternate arrangements for VULNERABLE WITNESSES.
58
Access
All people should be able to engage with the justice system and its processes on an informed basis.
59
Engagement
Systematic features of the justice system (costs, understanding, interaction).
Physical access - ppl in RRR areas limited access/ additional hardships in travel time to court
Tech access - hearings can be conducted online resulting in disadvantage to elderly, disabled, no internet access
Financial access - VLA but limited in funding
60
Informed Basis
ppl are aware of their legal rights and how to navigate their case processes through receiving adequate info
Education - plain English for those with lower literacy levels
Access to legal support services incl. generalist community legal centres
Access to legal rep
61
Victorian Legal Aid
An independent gov funded agency that provides free legal info to the community and legal advice and representation to ppl who cannot afford to pay for a lawyer to assist with their case.
Purposes;
Provide accessible legal services
Provide free or low cost legal aid services to those who need it most
Provide improved access to justice and legal remedies
62
Role of VLA (Accused)
Provide Free Legal Info
General legal info readily available on the VLA website, in brochures and over the phone to all people.
63
Role of VLA (Accused)
Provide Free Legal Advice
VLA offers advice over the phone, video call or in person regarding court procedures and proceedings that will apply to a specific case.
Only provided to eligible accused persons generally based on income or vulnerability such as children, FNP, those with a disability or those who cannot speak English.
64
Role of VLA (Accused)
Provide Duty Lawyer Services
Duty lawyers are lawyers who are present in the Mag and Children's court on a particular day and can provide info and case specific advice for hearings occurring on the same day. Assistance can extend to representation in court depending on the accused's circumstances.
Duty lawyers are free for child protection, youth crime, adult summary crime, intervention orders, family matters and some civil matters such as mental health tribunal hearings. For adult criminal offences not in custody the accused must also satisfy an income test. Duty lawyers are not available for indictable offences or committal proceedings.
65
Role of VLA (Accused)
Provide Grants of Legal Assistance
In some circumstances VLA can provide a grant of legal assistance to someone who cannot afford legal rep.
The accused must satisfy a means test to be eligible for a grant of legal assistance and VLA may consider how likely to case is to succeed and if it will benefit the community.
66
Duty Lawyer
A VLA lawyer who is at court (on duty) on a particular day to help ppl who come to court for a hearing. Generally no prior communication with the accused. Free
67
Income Test
A financial threshold applied by VLA to determine whether a duty lawyer can rep. the accused.
Limited income - e.g. main source of income is through gov. welfare
68
Means Test
A financial threshold applied when seeking grants of legal assistance. Considers income and assets. If a person receives more than $360 a week in income after living expenses are deducted they are not eligible
69
Merits Test
Applies to receiving grants of legal assistance based upon the legal matter, seriousness of offending and whether it is in the interest of justice and a benefit to the community.
70
Role of VLA (Victim)
Provide Free Legal Info
VLA provides free legal info on its website and through its victim's legal service which all victims can access
71
Role of VLA (Victim)
Provide Free Legal Advice
Victim's Legal Service is a specialist phone line which provides legal info and advice to all individuals affected by a crime
72
Role of VLA (Victim)
Provide Duty Lawyer Services
Duty lawyers are present in the Mag court to assist victims with legal advice, info and representation in relation to intervention orders.
All victims are entitled to info from duty lawyers but advice and representation are prioritised on certain criteria
73
Role of VLA (Victim)
Provide Grants of Legal Assistance
Victims can apply for grants of legal assistance in relation to intervention orders. There are strict eligibility requirements such as the merits and the means of the victim.
74
VLA & Equality
+VLA provides free legal info on its website to all accused people and victims
+ VLA eligibility criteria ensures those who are disadvantaged are prioritised in receiving legal support
- Strict eligibility requirements for a duty lawyer mean few individuals gain support
- Few receive grants of legal assistance
75
VLA & Fairness
+ Fair hearing for all due to duty lawyers bc increase participation
+ Guided by victims charter to ensure rights are upheld, all victims treated impartially
- decreased participation for those who do not meet eligibility criteria but also cannot afford legal rep
76
VLA & Access
+ free info = informed basis
+ multiple avenues for engagement - physical, over the phone, online
- income tests decrease financial engagement
- limited informed basis as VLA does not provide advice in all legal matters
77
Community Legal Centres (CLCs)
Are independent, gov funded orgs. that aim to provide free legal services for individuals including providing legal info, advice and ongoing assistance and representation. There are approx. 47 CLCs in Vic
CLCs have a reciprocal r/ship w VLA - they work together to support individuals w/in the justice system.
78
Types of CLCs
General CLCs -
These are est. in designated suburbs or Local Government Areas (LGAs) to serve that community e.g. Ballarat and Grampians CLCs
Specialist CLCs -
These are est. to focus on a particular group of individuals in society that may be deemed vulnerable to receiving legal assistance e.g. YouthLaw
79
CLCs Eligibility Criteria
CLCs will rarely become involved with assisting an accused for an indictable offence. CLCs receive their funding via VLA and are generally not equipped to provide support with complex and serious legal issues. CLCs cannot assist the accused when charged with;
> Any homicide related charge
> Sexual offence
> Aggravated assault
> Robbery (may depend on nature of the crime)
Like VLA, CLCs also have criteria for assisting an accused;
> The type of legal matter
> Whether other assistance is available (e.g. VLA)
> Whether good chance of success
> Whether CLC has the resource to assist
80
Role of CLCs (Accused)
Free Legal Information
Online info is available to all accused who can access the website
Handbooks and pamphlets in relation to common legal issues e.g. fines, insurance, consumer law, contract law
81
Role of CLCs (Accused)
Legal Advice and Assistance
CLCs can provide face to face assistance with drafting letters and completing forms e.g. applying for grants of legal assistance, intervention orders
CLCs can also assist with wills resolving neighbourhood disputes employment contracts
82
Role of CLCs (Accused)
Ongoing Casework
Some CLCs will provide case work or assistance for an accused this involves ongoing representation and assistance; each CLC will have its own eligibility requirements
83
Role of CLCs (Victim)
Basic Legal Information
Available to all victims depending on the generalist or specialist category of the CLC
Accessible via their online website, printed pamphlets or Law Handbook
84
Role of CLCs (Victim)
Legal Advice and Assistance
Available via online, on the phone or face to face consultation
Can assist victims with matters such as filling out forms or to direct victims to the best organisation to assist with their matter e.g. VCAT or CAV
85
Role of CLCs (Victim)
Duty Lawyer Services
Can assist victims with family violence protection orders
Duty lawyers available at the Magistrates courts can give free legal advice and representation on the day to family violence intervention order hearings on the day
86
Role of CLCs (Victim)
Ongoing Casework
Some CLCs will provide ongoing casework or assistance for a victim or crime; most of these will be in relation to an application for financial assistance or an application for a family violence intervention order
87
CLCs Strengths (PoJ)
+ CLCs provide high quality, free legal support and education to the community. This enables financial engagement on an informed basis, promoting access.
+ Victims of crime are able to receive legal support from professionals allowing victims to better participate in court and provide accurate statements in court, promoting an impartial and open outcome
+ CLCs often provide an interpreter service to ensure those from non-ESB can access legal assistance, promoting substantial equality
88
CLCs Weaknesses (PoJ)
- As CLCs usually provide assistance for relatively minor criminal offences, formal equality is not upheld as these services are not typically available for those charged with serious crimes
- CLCs are limited in their ability to facilitate education and thus engagement on an informed basis due to a lack of funding
- CLCs often cannot provide legal rep in court meaning accused persons without the financial means may not receive an impartial trial because they are limited in their catpacity to participate
89
Plea Negotiations
A private discussion (or communication as they can occur via email/phone/letter/face to face) that occurs within the criminal justice system b/w the accused and the prosecution so that the accused can consider pleading to lesser (severity) and or fewer (number) charges. The prosecution may also avoid trial.
Can occur for either summary or indictable offences and can occur at any stage before sentencing.
Usually begin when the accused or their lawyer indicates to the prosecution that they are willing to discuss the charges although either party can indicate they are prepared to consider negotiations.
Offers cannot be used against the accused in trial if negotiations are not successful.
90
Purposes of Plea Negotiations
Saves Costs, Time and Resources
If a plea negotiation is successful, a trial can be avoided or ended more efficiently, saving the time, costs and resources associated with a prolonged trial.
91
Purposes of Plea Negotiations
Provides Certainty of the Outcome
By providing the opportunity for the accused to plead guilty, there is certainty of the outcome of the case, removing the potential for there to be an acquittal. The charges must still reflect the accused's wrongdoing.
92
Purposes of Plea Negotiations
Avoid Further Trauma, Stress and Inconvenience on Victims, Witnesses and Families
An early resolution relieves victims and witnesses of the burden and trauma of having to give evidence in court and help victims move on from what has happened.
93
Appropriateness of Plea Negotiations
> The accused is willing to engage in negotiations with the prosecution and plead guilty
> The witnesses are unwilling to or are reluctant to give evidence at trial which may weaken the prosecution's case (leading to an acquittal)
> The time and expenses involved in having a full trial in court
94
Inappropriateness of Plea Negotiations
> When the accused is not willing to engage in plea negotiations
> Witnesses in the case are willing to provide evidence that is likely to strengthen the case
> The accused has been charged with a/multiple indictable (murder) offences and a plea negotiation would not lead to justice since it would likely reduce the severity of the sanction
95
Strengths of Plea Negotiations
> Allow criminal matters to be determined promptly as most matters are determined through guilty pleas
> Reduce secondary victimisation as victims, witnesses and their families are saved from the trauma, stress and inconvenience of the trial process
> Prosecution will consult with victims and take their views into consideration when deciding whether to negotiate with the accused
96
Weaknesses of Plea Negotiations
> Negotiations do not need to be disclosed and can be held privately causing a lack of transparency. Ppl may question the agreement of the reason why the prosecution agreed to negotiate with the accused
> Negotiation process may be seen as the prosecutor avoiding the need to prove the case beyond reasonable doubt which is a fundamental principle to uphold the presumption of innocence
> Victims do not have a final say on whether the prosecutor negotiates with the accused
