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In forceAmended2020 Revised Edition

Part 11 · General Provisions Relating to Pre-Trial and Plead Guilty Procedures in All Courts

226. Pleading guilty electronically

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Amended

Last amended by an amending law of 2014.

(1)

A person who is accused of a prescribed offence and is a prescribed person under subsection (7)(b) may plead guilty electronically to that offence by paying the fine and any prescribed fee under subsection (7)(c) in accordance with this section.

(2)

To plead guilty electronically, the accused must —

(a)

enter a plea of guilty at a computer terminal designated by the Registrar of the State Courts for that purpose within the prescribed time; and

(b)

pay in advance the fine fixed by the supervising Magistrate as the sentence to be imposed on an accused who pleads guilty electronically to that offence.

(3)

The Registrar of the State Courts must, within a reasonable time after the accused has entered the plea and paid the fine, send to the supervising Magistrate a record of the guilty plea and of the fine paid.

(4)

When the supervising Magistrate is satisfied that the fine fixed under subsection (2)(b) has been paid, the Magistrate is to convict the accused of the prescribed offence in the accused’s absence and record the fine paid as the sentence passed for that offence.

(5)

The supervising Magistrate may, at any stage of the proceedings, require the accused to attend in person and, if necessary, enforce the accused’s attendance by —

(a)

issuing a summons if the case appears to be one in which, according to the fourth column of the First Schedule, the Magistrate should first issue a summons; or

(b)

issuing a warrant if the case appears to be one in which, according to that column, the Magistrate should first issue a warrant, or if the Magistrate thinks fit, by issuing a summons causing the accused to be brought or to appear at a certain time before the Magistrate.

(6)

Nothing in subsection (5) affects section 120.

(7)

For the purposes of this section, the Minister may make regulations to prescribe —

(a)

the offences punishable by fine or by imprisonment of 12 months or less or both to which this section applies;

(b)

the class of persons who qualify to plead guilty electronically under this section;

(c)

the fee to be paid for the use of the computer terminal mentioned in subsection (2)(a);

(d)

the method of paying fines and fees under this section;

(e)

the time within which an accused may plead guilty electronically; and

(f)

all matters necessary or convenient to give effect to this section.

(8)

In this section —

“prescribed offence” means an offence specified in regulations made under subsection (7)(a);

“supervising Magistrate” means the Magistrate in charge of the operation of the computer terminal mentioned in subsection (2)(a).

Report

Part 12

Procedure at Trial in All Courts

Part 13

General Provisions Relating to Proceedings in Courts

Part 14

Evidence and Witnesses

Part 15

Judgment

Part 16

Sentences

Part 17

Community Sentences

Part 18

Compensation and Costs

Part 19

Disposal of Property

Part 20

Appeals, Points Reserved, Revisions and Criminal Motions

Part 21

Special Proceedings

Part 22

Miscellaneous

Schedules