AustLII Tasmanian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

JUSTICES ACT 1959 - SECT 59

Entering plea and making election

(1)  In pleading to an indictable offence, the defendant may plead –
(a) guilty to the offence; or
(b) if the justices and prosecutor consent, guilty of any other indictable offence of which he or she might be convicted on an indictment for the offence charged; or
(c) not guilty to the offence charged; or
(d) that further proceedings may not be taken in respect of the charge; or
(e) that he or she has cause to show why he or she should not be convicted of the offence charged; or
(f) that he or she previously has been found guilty or not guilty of the offence charged.
(2)  If the defendant, on being asked to plead under section 55 or 58 , stands mute or refuses to, or does not, answer directly to the charge, he or she is taken to plead not guilty.
(3)  If the defendant, on being asked to make an election under section 55 or 58 , stands mute or refuses to, or does not, make a definite election, he or she is taken to elect for the charge to be determined by justices.
(4)  If the defendant pleads guilty and is to be sentenced in the Supreme Court –
(a) the complaint is to be endorsed with the words "I plead guilty to the offence of [state offence]" and "Dated this ……day of……200…." ; and
(b) that endorsement is to be –
(i) signed by the defendant; or
(ii) if the defendant is unable to sign the endorsement, marked by the defendant, with that mark being certified by the justices.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]