43Procedure if defendant indicates intention to plead guilty but does not do so

1. This section applies if a defendant indicates under section 37(6), 39(5), or 42(1) that he or she intends to plead guilty.

2. If the defendant does not plead guilty, or if he or she does not personally attend the proceedings,—

3. the defendant must be treated in all respects as if he or she had not indicated any intention to plead guilty; and
4. no comment may be made in any subsequent proceedings on the fact that the defendant indicated an intention to plead guilty; and
5. the fact that the defendant indicated an intention to plead guilty is not admissible in evidence against the defendant in any proceedings.