Restrained Dissent;Restrained Repression: Political Offenders and the Victorian Criminal Courts *

Abstract

This article examines the conduct of political trials in Victoria between 1966–1989. Using a definition of political trial which classes trials as “political” if they relate to offences arising out of some form of political activity, the article discusses the problems faced by prosecutors, defendants and magistrates and judges in determining an optimal response to the problems and opportunities created by political trials. It examines prosecution strategies (the decision to withdraw charges); defence strategies (plea, type of defence, use of lawyers, types of plea in mitigation, decisions on whether to pay fines); and court strategies (response to contests, use of the contempt power, sentencing). Changing patterns over time are also explored. Marked differences are found to emerge between political and non-political cases, and between early and late cases.

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