Negotiation Outcomes

  • Asher Flynn
  • Arie Freiberg
Part of the Palgrave Socio-Legal Studies book series (PSLS)


This chapter discusses patterns in plea negotiation outcomes. Building on the 14 forms of negotiations discussed in Chap.  4, it provides a unique insight into which types of crimes more commonly feature in negotiations. This is important as it highlights unique trends in negotiations such as the low numbers of negotiated sexual offence cases—a global issue—and what factors may influence this trend. It also examines the recent prioritisation and changes in policies pertaining to policing and prosecuting family violence across Australia, which has resulted in more cases proceeding to contested hearing. Accordingly, this chapter considers why negotiations are considered a legitimate way for cases to resolve, when the practice sits at odds with the public interest approach used in family violence matters.


Family violence Sexual violence Sex offences Plea bargaining Guilty pleas Sex offenders’ registry 



  1. ABC 2015, ‘Luke Batty inquest: perpetrators of family violence must be accountable says Rosie Batty’, ABC, 28 September. Available from: [accessed 18 January 2016].
  2. County Court of Victoria 2015, 2014–15 annual report, County Court, Victoria. Available from: [accessed 18 January 2016].
  3. Daly, K 2011, Conventional and Innovative Responses to Sexual Violence, ACSSA Issues, no. 12 Australian Centre for the Study of Sexual Assault, Melbourne.Google Scholar
  4. Flynn, A 2015, ‘Sexual violence and innovative responses to justice: Interrupting the recognisable narrative’, in N Henry, A Powell & A Flynn (eds), Rape Justice: Beyond the Criminal Law, pp. 92–111, Palgrave Macmillan, Basingstoke.CrossRefGoogle Scholar
  5. Freiberg, A, Donnelly, H & Gelb, K 2015, Sentencing for child sexual abuse in institutional contexts, Royal Commission into Institutional Responses to Child Sexual Abuse, Sydney.Google Scholar
  6. Johnson, G & Edwards, A 2013, Encouraging appropriate early guilty pleas: models for discussion, Preliminary Submission, Consultation Paper 15, New South Wales Law Reform Commission, Sydney. Available from: [accessed 28 February 2017].
  7. Law Institute of Victoria [LIV] 2011a, ‘Sex Offenders Act needs review’, LIJ, CEO’s LIJ Articles. Available from: [accessed 18 January 2016].
  8. Ministry of Justice 2013, ‘An overview of sexual offending in England and Wales – Statistics bulletin’, Ministry of Justice, Home Office & the Office for National Statistics. Available from: [accessed 24 January 2018].
  9. Olding, R & Saulwick, J 2015, ‘Domestic violence register could lead to increased not guilty pleas, privacy experts warn’, Sydney Morning Herald, 6 March. Available from: [accessed 18 January 2016].
  10. Ombudsman Victoria 2011, Whistleblowers Protection Act 2001: investigation into the failure of agencies to manage registered sex offenders, Ombudsman Victoria. Available from: [accessed 18 January 2016].
  11. Powell, M, Day, A, Benson, M, Vess, J & Graffam, J 2014, ‘Police officers’ perceptions of interviewing offenders on sex offender registries’, International Journal of Police Science & Management, vol. 16, no. 4, pp. 255–66.CrossRefGoogle Scholar
  12. Royal Commission into Institutional Responses to Child Sexual Abuse 2017a, Criminal Justice Report: Executive Summary and Parts 1–II, Royal Commission, Sydney.Google Scholar
  13. State of Victoria, Royal Commission into Family Violence [RCFV] 2016, Final report, Parliament Paper No. 132 (2014–16).Google Scholar
  14. Vess, J, Langskaill, B, Day, A, Powell, M & Graffam, J 2011, ‘A comparative analysis of Australian sex offender legislation for sex offender registries’, Australian and New Zealand Journal of Criminology, vol. 44, no. 3, pp. 404–24.CrossRefGoogle Scholar
  15. Victorian Law Reform Commission [VLRC] 2012, Sex offenders registration: final report, VLRC, Melbourne. Available from: [accessed 18 January 2016].
  16. Victorian Sentencing Advisory Council [SAC] 2015, Guilty pleas in the higher courts: rates, timing, and discounts, Sentencing Advisory Council, Melbourne.Google Scholar
  17. Wren, E & Bartels, L 2014, ‘“Guilty, Your Honour”: recent legislative developments on the guilty plea discount and an Australian Capital Territory case study on its operation’, Adelaide Law Review, vol. 35, pp. 361–84.Google Scholar

Copyright information

© The Author(s) 2018

Authors and Affiliations

  • Asher Flynn
    • 1
  • Arie Freiberg
    • 1
  1. 1.Monash UniversityClaytonAustralia

Personalised recommendations