Criminal Procedure Act 2011

Procedure before trial - Pleas - Special pleas

45: Special pleas

You could also call this:

"Special pleas: saying you've already been found guilty or not guilty of something before"

Illustration for Criminal Procedure Act 2011

When you are in court, you can enter special pleas. You can enter a plea of previous conviction, a plea of previous acquittal, or a plea of pardon. These are the only special pleas you can enter.

You can enter more than one special plea for the same charge. If you enter a special plea, you must give information about the conviction, acquittal, or pardon that your plea is based on. This information is important for the court to know.

You can look at the Criminal Procedure Act 2011 to compare with the old law from 1961. This old law is found in section 357. It helps you understand how the law has changed.

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Part 3Procedure before trial
Pleas: Special pleas

45Special pleas

  1. Only the following special pleas may be entered:

  2. a plea of previous conviction:
    1. a plea of previous acquittal:
      1. a plea of pardon.
        1. More than 1 special plea may be entered in relation to the same charge.

        2. If the defendant enters any of the special pleas, the defendant must provide information about the conviction, acquittal, or pardon on which the plea is based.

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