Western Australian Current Acts Western Australian Current Acts (1) If an accused
enters a plea under section 126(1)(b) to a charge, the court may amend the
charge.
(2) If an accused
enters a plea under section 126(1)(a), (b) or (c) to a charge, the court must
try any issue raised by the plea and, if the court is a superior court —
(a) may
ascertain any fact by the verdict of a jury if it thinks fit;
(b) may
refer a question of law to the Court of Appeal in accordance with the
Criminal Appeals Act 2004 section 46.
(3) If under
subsection (2)(b) a superior court refers a question of law to the Court of
Appeal, it must adjourn the prosecution until the Court of Appeal gives its
judgment.
(4) If a court rejects
a plea entered under section 126(1)(a), (b) or (c) to a charge, the court must
require the accused to enter a different plea to the charge and —
(a) if
any issue raised by the rejected plea was decided in a superior court by a
jury, the judge may order any issue raised by the new plea to be tried by that
same jury or by another jury; and
(b) if
the judge orders that same jury to try the new issue, the oaths or
affirmations already taken or made by the jurors are to be taken to extend to
the new issue and fresh ones are not required.
(5) Section 126(5) and
(6), with any necessary changes, apply if an accused does not plead as
required under subsection (4).