KK7: Plea Negotiations

What is a plea negotiation?

A plea negotiation is a private discussion which takes place between the prosecution and the accused (and their legal practitioners), to reach an agreement where:

• The accused pleads guilty to a less serious charge, in exchange for the prosecution not pursuing a more serious charge (which carries a higher maximum sentence).

• The accused pleads guilty to fewer charges, with the remaining charges not proceeding.

• The accused pleads guilty to a charge, but an agreement is reached about the facts on which the plea is based.

Generally what does a plea negotiation do?

Generally, they either reduce the number of charges or reduce severity of the charge/s

Example of a plea negotiation

An accused pleading guilty to some murder charges in a plea negotiation so that other murder charges will be dropped (Carl Williams’ case).

Parties involved in discussion

• The accused & legal practitioners and the prosecution

• it is an exchange

• courts are not involved

What is discussed between the parties?

• discussion about appropriate charges against the accused

• The reliability and relevance of evidence in the case

• Likely sentencing consequences if the accused pleads guilty

• The prosecution CANNOT offer a specific sanction

Purposes of plea negotiations

• Ensure certainty in the outcome of a case

• Save on costs, time and resources

• Prompt resolution without stress and trauma

Purpose #1 – Ensure certainty in the outcome of a case

• If negotiations are successful, the accused will plead guilty to the charges, therefore ensuring certainty in the outcome

• This reduces the risk of an acquittal - Where the prosecution fails to prove that the accused is guilty beyond reasonable doubt.

• Removes this risk because the verdict is not in the hands of the magistrate or jury

Purpose #2 – Save on costs, time and resources

• An early guilty plea avoids the need for a trial or hearing

• This saves the court and the prosecution’s resources, as well as the cost and time associated with a trial/hearing - e.g legal frees, jury costs

• Reduces backlog and delays of the court

Purpose #3 – Prompt resolution without stress and trauma

• If an accused pleads guilty, any victims and/or witnesses of the offence are spared the stress and possible psychological harm of providing their oral testimony and having to undergo cross-examination.

• This may help victims move on from what has happened, and avoid re-traumatising them.

When are plea negotiations appropriate / not appropriate?

Strengths and weaknesses of plea negotiations