Bargaining with Justice: Victims, Plea Bargaining and the Victims' Charter Act 2006 (Vic)

Abstract

Over the past several decades, the role and status of victims of crime has continued to shift. Due largely to the rise of the victims’ rights movements, the victim now, at least to some extent, plays a more prominent role in criminal justice proceedings from the initial investigation of the crime, through to the trial, sentencing and even the parole hearing; albeit this position continues to operate within an adversarial framework, which restricts the victim from having a determinative say in the prosecution of their case. Despite many changes to their role and level of recognition, in Victoria, victims continue to be largely alienated from the commonly used, but non-transparent process of plea bargaining — to the extent that when cases are fi nalised in this manner, victims’ needs and interests appear to be, for the most part, overlooked; thus fuelling a perception that plea bargaining and injustice are intrinsically linked. Using a triangulation of qualitative methods, this article offers a unique insight into the actions and perspectives of Victoria’s legal community in relation to plea bargaining, and the contemporary limitations of this process for victims. In particular, it examines the impact of s 9 of the Victims’ Charter Act 2006 (Vic), which attempts to combat some of the negative aspects of plea bargaining for victims, by requiring that the prosecution keep them informed of any progress in their case, including explaining any amendments to charges. In analysing these issues, this article intends to draw attention to the implications that are inherent within a non-transparent plea bargaining process, and encourage dialogue pertaining to the use of the Victims’ Charter Act 2006 (Vic) in Victoria.

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