When watching the media coverage of a criminal case, a phrase that may stick out in the minds of the public is "plea bargaining."

From the outside, it may appear that the accused has gotten away with a crime leaving the victim and the community seeking justice. However, pretrial negotiations are part of a long-established process that works to resolve criminal cases in an appropriate manner before a trial begins.

The key word in this process is "appropriate." The Crown prosecutor never accepts an early guilty plea simply to save time or to "cut a deal." Rather, the Crown is always guided by the strength of the case, the evidence available and legal precedents.

Based on those elements, the intent behind pretrial negotiations is to get essentially the same result that would occur if the case went through a full trial. A trial is often necessary, but many cases can be resolved on the front end of a prosecution to the benefit of all.

When taking on a case, the prosecutor will do a thorough review of the evidence, assess the case, and decide what can be proven in court. Based on that review, the prosecutor will decide what he or she feels the outcome will be if the case goes to trial. The defence counsel will do a similar review.

If the matter is resolved before trial, there is something to be gained by all the parties involved. The victims and their families are spared the stress and emotional strain of going through a trial. The court time, which would otherwise be used in this matter, can be reassigned to another matter that cannot be resolved. This assists in keeping delay to a minimum, a crucial consideration given every accused person’s right to a trial within a reasonable time. The court will take the accused’s early guilty plea into account during sentencing and will give the accused credit for it based on the timing of the plea and the strength of the Crown’s case.

The Crown and defence counsel will often meet after the accused has made a first appearance, but before a trial date is set, to try to resolve the matter before going to court. If they are able to resolve the matter appropriately, the Crown will make an offer to defence counsel outlining the proposed resolution.

Because this occurs after the first appearance, it will often be unnecessary to even set a trial date. In the past, because negotiations would occur at the last minute, victims, witnesses, police and experts would come to court only to find they were no longer needed to testify.

The new early case resolution practices in Alberta give the Crown and the defence more time to assess their cases and more time to resolve the matter appropriately. Even if the case cannot be resolved entirely, certain issues can be agreed on, such as witnesses that don’t need to be called when their evidence is not in dispute.

This article is part of the Government of Alberta’s commitment to help inform Albertans about the justice system. For further information visit http://www.gov.ab.ca/, or contact us for more information by phone (780) 427-8530 (dial 310-0000 toll free anywhere in Alberta), or by e-mail at PLE.Coordinator@gov.ab.ca.