FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23FF Pleading to different offences capable of being supported by indictment
FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23FF
Pleading to different offences capable of being supported by indictment(1) The accused may enter a plea of guilty to an offence not specified in the indictment if:
(a) the Court has jurisdiction to try a person for the offence; and
(b) the prosecutor consents; and
(c) the matters alleged in the indictment can support an allegation that the accused committed the offence.
(2) For the purposes of this Act, if the accused pleads guilty to an offence in accordance with subsection (1), the indictment is taken to have always included a count against the accused for the offence.
Note: If the accused proposes to enter a plea of guilty to an offence
that cannot be supported by the matters alleged in the indictment, the
prosecutor will need to amend the indictment under section 23BH to
include a count for the offence before the accused can enter the plea to that
offence.