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StatuteCrimes Act 1961

Section 356 — Crimes Act 1961: Plea

Text of the provision Official document

356 Plea (1) When the accused is called upon to plead he may plead either guilty or not guilty, or such special pleas as are hereinafter provided for. (2) If the accused wilfully refuses to plead, or will not answer directly, the Court may, if it thinks fit, order the Registrar to enter a plea of not guilty. (3) If the accused pleads not guilty, or specially pleads, or if the Court has ordered the entry of a plea of not guilty, the accused may, if he expressly declares his desire to do so, alter his plea to one of guilty, notwithstanding that he may have been given in charge to the jury;

and if he does so the Court shall discharge the jury from giving a verdict. (4) If pursuant to subsection (3) of this section the accused 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 on arraignment the accused had pleaded guilty to the charge. Compare: 1908 No 32 s 419 Subsections (3) and (4) were inserted, as from 1 January 1974, by section 10 Crimes Amendment Act 1973 (1973 No 118).

Official source: legislation.govt.nz

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