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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23FG Changing pleas

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23FG

Changing pleas

Accused may change plea

  (1)   The accused may change his or her plea in accordance with this section.

Changing plea to guilty

  (2)   If the accused has entered a plea of not guilty in relation to a count in the indictment, the accused may change the plea to guilty.

Note:   The Court may reject the change of plea in the interests of justice (see subsection   23FJ(1)).

Changing plea to not guilty

  (3)   If the accused has entered a plea of guilty in relation to a count in the indictment, the accused may change the plea to not guilty only with the leave of the Court. The Court may grant leave at any time before the Court imposes a sentence on the accused in relation to an offence specified in the count.

  (4)   If the accused changes the plea in accordance with subsection   (3):

  (a)   the Court must direct that the accused be put on trial in relation to the count; and

  (b)   the Court may make such orders as to matters preliminary to the trial as the Court thinks appropriate.

Note:   The Court could, for example, make orders under Subdivision C.