PART XI
GENERAL PROVISIONS RELATING TO PRE-TRIAL AND PLEAD GUILTY PROCEDURES IN ALL COURTS
Division 2 — When accused pleads guilty electronically
Pleading guilty electronically
226. —(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 Subordinate 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 Subordinate 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, he shall 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 his attendance by —
(a) issuing a summons if the case appears to be one in which, according to the fourth column of the First Schedule, he 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 he thinks fit, by issuing a summons causing the accused to be brought or to appear at a certain time before him.
(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 referred to 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 referred to in subsection (2)(a).
Division 3 — Plead guilty procedures
Procedure if accused pleads guilty or retracts plea
227. —(1) If the accused pleads guilty to the charge after it has been read and explained to him, whether as originally framed or as amended, his plea must be recorded and he may be convicted on it.
(2) Before the court records a plea of guilty, it must —
(a) if the accused is not represented by an advocate, be satisfied that the accused —
(i) understands the nature and consequences of his plea and the punishment prescribed for the offence; and
(ii) intends to admit to the offence without qualification; or
(b) if the accused is represented by an advocate, record the advocate’s confirmation that the accused —
(i) understands the nature and consequences of his plea; and
(ii) intends to admit to the offence without qualification.
(3) The High Court shall not record a plea of guilty in a case where the accused pleads guilty to an offence punishable with death unless the accused has been committed to stand trial in the High Court under Division 2 of Part X for the offence, and evidence is led by the prosecution to prove its case at the trial.
(4) Where —
(a) an accused has been committed for trial under section 178 or a case has been transmitted for trial in the High Court under Division 5 of Part X;
(b) a date is fixed for a plea of guilty to be taken from the accused who has been committed for trial or whose case has been so transmitted; and
(c) on that date, the accused refuses to plead, does not plead or claims trial,
the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters referred to in section 212 and the procedure in Division 5 of Part X shall, with the necessary modifications, apply in relation to the case.
(5) Where —
(a) the criminal case disclosure procedures apply by virtue of section 159 in relation to a case;
(b) a date is fixed for a plea of guilty to be taken from the accused to whom the case relates; and
(c) on that date, the accused refuses to plead, does not plead or claims trial,
the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters referred to in section 160 and the procedures in Division 2 of Part IX shall, with the necessary modifications, apply in relation to the case.
1. Where the accused makes an admission of guilt pursuant to article 64, paragraph 8 (a), the Trial Chamber shall determine whether:
(a) The accused understands the nature and consequences of the admission of guilt;
(b) The admission is voluntarily made by the accused after sufficient consultation with defence counsel; and
(c) The admission of guilt is supported by the facts of the case that are contained in:
(i) The charges brought by the Prosecutor and admitted by the accused;
(ii) Any materials presented by the Prosecutor which supplement the charges and which the accused accepts; and
(iii) Any other evidence, such as the testimony of witnesses, presented by the Prosecutor or the accused.
2. Where the Trial Chamber is satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of guilt, together with any additional evidence presented, as establishing all the essential facts that are required to prove the crime to which the admission of guilt relates, and may convict the accused of that crime.
3. Where the Trial Chamber is not satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of guilt as not having been made, in which case it shall order that the trial be continued under the ordinary trial procedures provided by this Statute and may remit the case to another Trial Chamber.
4. Where the Trial Chamber is of the opinion that a more complete presentation of the facts of the case is required in the interests of justice, in particular the interests of the victims, the Trial Chamber may:
(a) Request the Prosecutor to present additional evidence, including the testimony of witnesses; or
(b) Order that the trial be continued under the ordinary trial procedures provided by this Statute, in which case it shall consider the admission of guilt as not having been made and may remit the case to another Trial Chamber.
5. Any discussions between the Prosecutor and the defence regarding modification of the charges, the admission of guilt or the penalty to be imposed shall not be binding on the Court.