Plea Negotiations and Sentence Indications Flashcards
Define Plea Negotiations
They are discussions surrounding an agreement between the two parties in a criminal case, where the defendant agrees to plead guilty in exchange for concession from the prosecution
What are the main purposes of Plea Negotiations (2)
- Resolve a criminal case without going to trial. By avoiding trial, they aim to reduce costs, time and stress
- Ensuring the outcome is fair and the sentence reflects the severity of the crime
What are the different types of ‘concession’ the defendant might get in return for a guilty plea (2)
- Dismissal of charges (taken off record and no charges laid)
- Reduction in the severity of the charge (Murder to manslaughter)
When are Plea Negotiations appropriate (3)
- Views of the victim enable it to ouch
- Prevents the effects of enduring a lengthy trial
- If they are willing to cooperate in investigation or plea guilty
Define Sentence Indications
A sentence indication is a statement given by a judge to the accused advising them of the likely sentence (sanction not length) they could face if they plead guilty
What are the purposes of sentence indications (3)
- Clarity for the accused about the likely sentence (not length of sentence)
- Free’s up resources for greater access if the accused pleads guilty
- Early closure for families and victims if early guilty plea
Are sentence indications a right? How are they attained by the accused
No they are not a right, the court and judge can refuse to grant a sentence indication. In indictable offences the accused must apply and be approved, however, in summary offences, a defendant can ask for an indication without the permission of the prosecution.
When are Sentence Indications appropriate (3)
- When the accused requests it
- Sexual offences are not appropriate for sentence indications
- Sufficient information and evidence for magistrate to give accurate indication
