FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23FJ Consequences of guilty pleas and guilty verdicts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23FJ

Guilty pleas

  (1)   If the accused:

  (a)   enters a plea of guilty; or

  (b)   changes, in accordance with subsection   23FG(2), a plea of not guilty to a plea of guilty;

to a count in the indictment, the Court must accept the plea of guilty unless:

  (c)   the Court gives leave under subsection   23FG(3) for the accused to change the plea of guilty to a plea of not guilty; or

  (d)   it would be contrary to the interests of justice to accept the plea of guilty.

  (2)   If a plea of guilty is not accepted under subsection   (1):

  (a)   the plea has no further effect; and

  (b)   the accused is taken to have entered a plea of not guilty to the count.

Guilty verdicts

  (3)   If the jury delivers a unanimous verdict of guilty for a count in the indictment in relation to an accused, the Court must accept the verdict unless it would be contrary to the interests of justice to do so.

Consequences of accepting a guilty plea or guilty verdict

  (4)   If a plea of guilty, or a verdict of guilty, is accepted for a count in the indictment in relation to an accused, then:

  (a)   the Court is taken to have found the count proven in relation to the accused; and

  (b)   the accused is taken to be convicted of the offence covered by the count; and

  (c)   the Court must proceed to sentence the accused in relation to the offence (whether or not the Court first adjourns the proceedings); and

  (d)   if there is an alternate count included in the indictment for the accused and the first - mentioned count--the Court must discharge the accused in relation to the alternate count.

  (5)   However, if the accused changes, in accordance with subsection   23FG(3), a plea of guilty to the count to a plea of not guilty, then:

  (a)   paragraphs   (4)(a) and (b) are taken never to have applied in relation to the plea of guilty; and

  (b)   the Court must cease any sentencing proceedings to the extent that those proceedings relate to the plea of guilty; and

  (c)   if the Court has discharged the accused under paragraph   (4)(d) in relation to an alternate count--the accused is taken never to have been so discharged.

  (6)   Paragraph   (4)(b) does not apply if, when sentencing the accused in relation to the offence, the Court makes an order under section   19B of the Crimes Act 1914 .