Charge Negotiations and Guilty Pleas in Court Proceedings
Lisel Avey, A/Senior State
Prosecutor
Office of the Director of Public
Prosecutions for Western Australia
Part 1.
Definitions and Overview
Part 2.
Assessing Plea Offers
Part 3.
Role of the Court
Part 4.
Negotiation Outcomes
Charge negotiations are an informal process
whereby the prosecutor and defence counsel
discuss the appropriate charge(s) to be faced
by an accused, any concessions to be made
by the prosecutor and the material facts that
will be presented to the court.
Can be initiated by either party at any time
Involve the views of the victim and
investigator
×
Do not involve the court
×
Do not bind the court regarding penalty
Prosecutors must
strike a balance
between a number of relevant factors.
These include:
•
Reflecting essential criminality of the conduct.
•
Providing an adequate basis for sentencing.
•
Strength of evidence.
•
Public interest.
•
Community benefit.
•
Victim’s financial loss.
•
Trauma of court proceedings for witnesses,
especially victims.
A ‘guilty’ plea requires acceptance
of:
•
Liability for all elements of the charge
•
The basic facts that underpin those elements
A person cannot plead guilty while
maintaining innocence.
The
sentencing judge
decides the
penalty and the length of any term of
imprisonment.
•
‘Guilty’ plea
Sentencing
•
‘Guilty’ plea + factual dispute
Possible trial of issues
•
Occurs where a ‘disputed fact’ would make
significant
difference to sentence
•
Evidence may be called but no jury
•
Burden of proof falls on the party wishing to rely
on the fact
Feel free to contact me if
you have any questions
lisel.avey@dpp.wa.gov.au
Charge negotiations and guilty pleas play crucial roles in criminal court proceedings. Through informal discussions, prosecutors and defense counsel determine appropriate charges and plea deals. A guilty plea entails accepting liability for all charge elements. Factors like evidence strength, public interest, and victim considerations guide prosecutors. In cases of factual disputes, trials may be necessary. Understanding these processes is vital for navigating legal complexities effectively.
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Presentation Transcript
Lisel Avey, A/Senior State Prosecutor Office of the Director of Public Prosecutions for Western Australia
Part 1. Definitions and Overview Part 2. Assessing Plea Offers Part 3. Role of the Court Part 4. Negotiation Outcomes
Charge negotiations are an informal process whereby the prosecutor and defence counsel discuss the appropriate charge(s) to be faced by an accused, any concessions to be made by the prosecutor and the material facts that will be presented to the court. Can be initiated by either party at any time Involve the views investigator Do not involve the court Do not bind the court regarding penalty of the victim and
Prosecutors between a number of relevant factors. must strike a balance These include: Reflecting essential criminality of the conduct. Providing an adequate basis for sentencing. Strength of evidence. Public interest. Community benefit. Victim s financial loss. Trauma of court proceedings especially victims. for witnesses,
A guilty plea requires acceptance of: Liability for all elements of the charge The basic facts that underpin those elements A person cannot plead guilty while maintaining innocence. The sentencing judge decides the penalty and the length of any term of imprisonment.
Guilty plea Sentencing Guilty plea + factual dispute Possible trial of issues Occurs where a disputed fact would make significant difference to sentence Evidence may be called but no jury Burden of proof falls on the party wishing to rely on the fact
Feel free to contact me if you have any questions lisel.avey@dpp.wa.gov.au
