(1)If the accused pleads guilty to the charge after it has been read and explained to him, whether as originally framed or as amended, his plea must be recorded and he may be convicted on it.
Section history
Section 227 — Procedure if accused pleads guilty, etc.
As in force on 17 September 2018.
(2)Before the court records a plea of guilty, it must —
(a)if the accused is not represented by an advocate, be satisfied that the accused —
(i)understands the nature and consequences of his plea and the punishment prescribed for the offence; and
(ii)intends to admit to the offence without qualification; or
(b)if the accused is represented by an advocate, record the advocate’s confirmation that the accused —
(i)understands the nature and consequences of his plea; and
(ii)intends to admit to the offence without qualification.
(3) The High Court shall not record a plea of guilty in a case where the accused pleads guilty to an offence punishable with death unless the accused has been committed to stand trial in the High Court under Division 2 of Part X for the offence, and evidence is led by the prosecution to prove its case at the trial.
(4)Where —
(a)an accused has been committed for trial under section 178 or a case has been transmitted for trial in the High Court under Division 5 of Part X;
(b)a date is fixed for a plea of guilty to be taken from the accused who has been committed for trial or whose case has been so transmitted; and
(c)on that date, the accused refuses to plead, does not plead or claims trial,
the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters referred to in section 212 and the procedure in Division 5 of Part X shall, with the necessary modifications, apply in relation to the case.
(4)Where a case is transmitted for trial in the High Court under Division 5 of Part X, the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters mentioned in section 212, and the criminal case disclosure procedures in Division 5 of Part X apply, with the necessary modifications, in relation to the case, if —
(a)either of the following applies:
(i)the accused is charged with an offence mentioned in section 211A(1);
(ii)the accused is charged with any other offence that is to be tried in the High Court, and all parties consent to have those procedures apply to that offence;
(b)a date is fixed for a plea of guilty to be taken from the accused; and
(c)on that date, the accused refuses to plead, does not plead or claims trial.
(5)Where —
(a)the criminal case disclosure procedures apply by virtue of section 159 in relation to a case;
(b)a date is fixed for a plea of guilty to be taken from the accused to whom the case relates; and
(c)on that date, the accused refuses to plead, does not plead or claims trial,
the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters referred to in section 160 and the procedures in Division 2 of Part IX shall, with the necessary modifications, apply in relation to the case.