Part 3Procedure before trial
Pleas: Entering plea
37Defendant may enter plea
At any time before the court requires a plea under section 39 the court may receive a plea from the defendant.
The defendant may plead either guilty or not guilty, or enter a special plea.
If the defendant is not represented by a lawyer,—
- the court must be satisfied that the defendant—
- has been informed of his or her rights to legal representation, including the right to apply for legal aid under the Legal Services Act 2011; and
- has fully understood those rights; and
- has had a reasonable opportunity to exercise those rights; and
- has been informed of his or her rights to legal representation, including the right to apply for legal aid under the Legal Services Act 2011; and
- the substance of the charge must be read to the defendant.
A defendant who is represented by a lawyer may plead not guilty or enter a special plea by filing a notice in court.
The Registrar must notify the prosecutor if a notice is received under subsection (4) from the defendant.
If the defendant is not before the court but indicates that he or she intends to plead guilty, the defendant must be brought before the court to enter a plea.
A Registrar may exercise the power of the court under this section to receive a not guilty plea from a defendant charged with a category 1, 2, or 3 offence.


