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 li...