Victorian Consolidated Legislation

Crimes Act 1958 - SECT 391

Plea of "Not Guilty" puts the accused on trial by jury; procedure where no evidence led

391. Plea of "Not Guilty" puts the accused on trial by jury; procedure where
no evidence led



If any person arraigned on any indictment or presentment pleads thereto "Not
Guilty," he shall without further form be deemed to have put himself upon the
country for trial; and subject to section 391A the jury for his trial shall in
the usual manner be impanelled accordingly.

Provided that where a person arraigned on any indictment or presentment pleads
"Not Guilty" to any count in respect of which the prosecution proposes not to
lead evidence the prosecution shall so inform the trial judge before a jury is
impanelled and the trial judge shall thereupon direct that an entry of "Not
Guilty" be made upon the record in respect of such count and every such entry
shall have effect as if it were the verdict of a jury upon the trial of the
accused person on that count.