Section 321 — Crimes Act 1961: Person committed for trial may plead guilty before trial

321 Person committed for trial may plead guilty before trial (1) Where any person charged with any crime has been committed for trial, and, at any time before the commencement of the sittings to which he is committed for trial, desires to plead guilty to the crime, he shall sign a request in that behalf in form 3 in Schedule 2 to this Act. (2) The request shall be sent to the Registrar of the Court in the place to which the accused was committed for trial, and he shall as soon as practicable be brought before a Judge sitting in open Court to be dealt with under this section. (3) If the accused is not in custody, notice shall be given to him of the time and place for attendance before the Judge. (4) On his attendance the accused shall be called upon to plead either guilty or not guilty to the crime for which he was committed for trial or, if the Judge so directs, to any other crime for which an indictment could have been filed against him following his committal for trial. (5) Before the accused is called upon to plead, the charge to which he is required to plead shall be read over to him. (6) If the accused then pleads guilty, the Judge shall have the same powers of sentencing or otherwise dealing with him, and of finally disposing of the charge to which the accused has pleaded guilty and of all incidental matters, as the Judge would have had if the accused on arraignment at any criminal sittings of the Court had pleaded guilty to the charge on an indictment duly presented. (7) If the accused does not plead guilty as aforesaid, or if he does not attend in accordance with the notice given under subsection (3) of this section, or if it is not practicable for him to be dealt with by a Judge under this section before the commencement of the sittings to which he was committed for trial, he shall be treated in all respects as if he had not made any request to plead guilty in accordance with this section, and no comment shall be made at his trial for the crime charged on the fact that such a request has been made, nor shall the request be admissible in evidence against him. (8) Any bail bond entered into by any person in respect of the crime for which the accused was committed for trial shall cease to have effect when the accused, after pleading guilty, has been sentenced or otherwise dealt with under this section. Compare: 1936 No 58 s 41 ; 1954 No 50 s 56 Subsection (1) was amended, as from 1 May 1981, by section 5(1) Crimes Amendment Act (No 2) 1980 (1980 No 85) by omitting the words “ by a District Court to the High Court ” . Subsection (2) was amended, as from 1 May 1981, by section 5(2) Crimes Amendment Act (No 2) 1980 (1980 No 85) by omitting the word “ High ” . Subsection (4) was amended, as from 1 March 1996, by section 4(1) Crimes Amendment Act (No 2) 1995 (1995 No 68) by substituting the word “ filed ” for the word “ presented ” . See clause 2 Crimes Amendment Act Commencement Order 1996 (SR 1996/1).