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Section history

Section 227 — Procedure if accused pleads guilty, etc.

Consolidated view is experimental and may be broken for certain provisions.

Amendments
227.Procedure if accused pleads guilty or retracts plea, etc.

(1)If the accused pleads guilty to the charge after it has been read and explained to him,the accused, whether as originally framed or as amended, histhe accused’s plea must be recorded and hethe accused may be convicted on it.

(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 histhe accused’s 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 histhe accused’s plea; and

(ii)intends to admit to the offence without qualification.

(3)The General Division of the High Court shallmust 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.

Subsection (4) — Original text to 17 September 2018superseded

(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.

Subsection (4) — From 17 September 2018 (current)rewritten by Criminal Justice Reform Act 2018

(4)Where a case is transmitted for trial in the General Division of the High Court under Division 5 of Part X,10, 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 X10 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 General Division of 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 tomentioned in section 160 and the procedures in Division 2 of Part IX9 shall,apply, with the necessary modifications, apply in relation to the case.