Why is it that the Probation Service has remained so silent on the subject of plea bargaining? Is it because it takes place covertly that probation officers ignore its prevalence? Is it because it is such a delicate issue that they are reluctant to become involved? Or could it be that the Probation Service has not fully considered the ethical implications of the practice? This article seeks to draw attention to these implications, in the hope that increased alertness to the incompatibility of plea bargaining with justice may spur probation officers, both individually and collectively, to take some action.
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References
1.
R v Turner (1970) 54 Cr App R 352
2.
R v Atkinson (1978), Quoted in Baldwin, J. and McConville, M. 'The Appearance of Justice', New Society, 3181978 pp 447-8
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Baldwin, J. and McConville, M. 'Plea Bargaining and Plea Negotiation in England' Law and Society Review, Vol 131979
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Judge David, 'In the Crown Court' The Magistrate, Vol 34, (1978) pp 74-75
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Baldwin, J. and McConville, M. 'Plea Bargaining and the Court of Appeal' British Journal of Law and Society, Vol 6, 1979 b
