Plea bargaining in South Africa and England

Abstract

This dissertation is comparative study of plea bargaining in South Africa and England. It covers when plea bargaining was embraced in the South African criminal justice system. Plea bargaining defines the act of negotiating and concluding contracts in the context of criminal proceedings. Usually the prosecutor and the accused agree that, the accused will plead guilty to the charge brought against him in return for a concession from the prosecution. The agreement is not restricted to the subject matter submitted. Agreements can include charges that are not prosecuted or reduced, particular terms of penalty, probation requirements, and much more. The vast majority of criminal instances are resolved through negotiation in many nations. Plea bargaining infringes the notion of a standard trial and thus conflicts with well-known basic principles of criminal proceedings. In addition, negotiation before criminal trials heavily involves both the accused and the public interest's constitutionally guaranteed rights.