The criminal justice system in Australia can be fast and slow at the same time, depending on the case being determined. For instance, cases can last a couple of days or several years. Plea bargains deliver justice quickly by following appropriate judicial processes. This article examines plea bargains in Australia.   

Plea Negotiation -- A plea bargain or negotiation refers to the process where an accused person pleads guilty to fewer or lesser criminal charges in exchange for the prosecution dropping other charges, which are often severe. Therefore, the trial might opt not to proceed. Plea bargains are negotiated between the Director of Public Prosecutions (DPP) and a defendant's legal representatives. It is unlawful for a DPP to deal directly with a defendant in the absence of a defence attorney.   

Why Plea Bargains Are Necessary -- A plea bargain works to balance two competing public interests. First, a crime of any nature should be appropriately and adequately punished according to the law. Second, court proceedings are usually lengthy and costly; hence, they put a financial burden on public resources. On paper, a plea bargain ensures that criminal proceedings are completed and justice delivered faster. However, it might not always be the case if facts are disputed by defence and prosecution teams or when a defendant does not admit guilt.   

Types of Plea Bargains -- Plea bargains take different forms. Your defence lawyer might try to persuade the prosecution to drop all charges. Also, for a single criminal offence, your lawyer might ask the prosecution to accept a guilty plea to a lesser charge and drop a serious charge. Alternatively, the prosecution can withdraw some charges in exchange for a defendant pleading guilty to other charges in a charge sheet. Lastly, an attorney can persuade the prosecution for a case to be heard by a Local Court instead of a District Court.   

Court Consideration -- If a plea bargain supports public interest, a court might be inclined to accept it. However, a court considers some fundamental factors. For example, the available evidence supporting a case must be weak. Besides, the time and cost-saving benefits associated with a plea bargain must be significant compared to a full trial. A court can also consider a plea bargain if it saves a witness from the stress associated with testifying in a lengthy trial. Similarly, a victim might request a court to stop proceedings of charges levelled against a defendant. Lastly, a court can be inclined to accept negotiation if an alternative charge fully reflects the accused person's criminal conduct and the plea bargain offers appropriate sentencing scope.

To learn more, contact a criminal law firm.