Plea bargaining in the United States
The constitutionality of plea bargaining was established by "Brady v. United States" in 1970, although the Supreme Court warned that plea incentives which were sufficiently large or coercive as to over-rule defendants' abilities to act freely, or used in a manner giving rise to a significant number of innocent people pleading guilty, might be prohibited or lead to concerns over constitutionality. "Santobello v. New York" added that when plea bargains are broken, legal remedies exist.
Campaign Against Arms Trade
The campaign and The Corner House mounted a legal challenge to the decision by the SFO to accept the plea bargain on the grounds that they failed properly to apply prosecution guidance, including its own guidance. In particular, the plea agreement reached failed to reflect the seriousness and extent of BAE's alleged offending, which included corruption and bribery, and to provide the court with adequate sentencing powers. In response, on 1 March, the High Court granted an injunction prohibiting the Director of the SFO from taking further steps in its plea bargain settlement. However, the judicial review request was rejected on 24 March.