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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Defendants who plead guilty or are found guilty

115: Plea of guilty may be withdrawn by leave of court

You could also call this:

"You can change your mind about pleading guilty, but only if the court says it's okay."

Illustration for Criminal Procedure Act 2011

If you plead guilty to a crime, you can take it back, but you need the court's permission. You can do this at any time before you are sentenced. The court will let you take back your guilty plea in certain situations, which are described in section 116(1).

If the court thinks it will give you a different or harsher sentence than what was first suggested, it must let you take back your guilty plea. This can happen if the same judge who suggested the sentence is still in charge, or if a different judge is now in charge. The court will follow the rules outlined in section 116(2) to decide what to do.

You should know that the court has to follow these rules when deciding whether to let you take back your guilty plea. The rules are in place to make sure you are treated fairly. The court's decision will depend on the specific circumstances of your case.

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Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 5General provisions
Conduct of proceeding: Defendants who plead guilty or are found guilty

115Plea of guilty may be withdrawn by leave of court

  1. A plea of guilty may, by leave of the court, be withdrawn at any time before the defendant has been sentenced or otherwise dealt with.

  2. The court must grant leave to a defendant to withdraw a plea of guilty referred to in section 116(1) if—

  3. the court, presided over by the judicial officer that gave the relevant sentence indication, indicates that the circumstances described in section 116(2) apply and it proposes to impose a sentence of a different type or types, or of the same type or types but a greater quantum, than that specified in the sentence indication; or
    1. the court, presided over by a judicial officer other than the one that gave the relevant sentence indication, indicates that it proposes to impose a sentence of a different type or types, or of the same type or types but a greater quantum, than that specified in the sentence indication.

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