Secret deals & bargained justice : lifting the veil of secrecy surrounding plea bargaining in Victoria

This thesis examines Victoria’s plea bargaining process and argues that significant benefits would flow from formalisation, in the form of statutory recognition and control. Drawing upon the responses of 42 participants obtained from 57 semi-structured interviews, and the observations of 51 participants, it identifies and analyses the justifications driving the formalisation of Victoria’s plea bargaining process, and discusses the practical and policy implications of formalisation for the adversarial legal culture, the actions of counsel and the judiciary, the pre-trial process and the Legal Aid funding structure. The interview data sheds light on judicial, prosecutorial, defence counsel and policy advisor perspectives, while the observations of legal participants in Victoria’s criminal justice process, which focus on pre-trial hearings, facilitates a direct and engaged discussion of the policy implications and practicalities of formalisation. The intention of this thesis is to stimulate debate about the lack of transparency, scrutiny or control in plea bargaining and the Crown’s discretionary powers in making prosecutorial concessions. This thesis also aims to highlight the extent of inefficiency confronting the stability and effectiveness of Victoria’s criminal justice system, and to demonstrate the importance of accountability and transparency in efficiency-driven processes, such as plea bargaining and pre-trial reform. This thesis responds to a significant gap in the literature and in legal policy, and offers a vital contribution to criminology scholarship with a detailed analysis of a highly under-examined area in the Victorian context. In particular, the qualitative data and penetration of Victoria’s legal culture provides a unique opportunity to examine the contentious and significant issues surrounding plea bargaining, which are often beyond the reach of researchers and the general public. Importantly, while this thesis examines plea bargaining in the Victorian context, increasing movements towards court efficiency and transparency across common law systems means its findings resonate with the wider Australian and international adoption of efficiency-driven processes. Furthermore, this thesis will inform broader discussions about plea bargaining, prosecutorial discretion, conflicts in adversarial traditions and efficiency-driven reform in a global context.