Criminal Procedure Act 2011

Procedure before trial - Pleas - Entering plea

41: Defendant who refuses or fails to plead under section 39 or 49(3)

You could also call this:

"What happens if you don't say if you're guilty or not guilty in court"

Illustration for Criminal Procedure Act 2011

If you are a defendant and you refuse to plead, or you fail to plead, when you are required to do so under section 39 or 49(3), you are considered to have pleaded not guilty. The court case will then continue as if you had pleaded not guilty. You will be treated as if you said you did not do the thing you are accused of.

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Part 3Procedure before trial
Pleas: Entering plea

41Defendant who refuses or fails to plead under section 39 or 49(3)

  1. If the defendant refuses to plead, or fails to plead, when required to do so under section 39 or 49(3), the defendant is deemed to have pleaded not guilty and the proceedings must be continued accordingly.