Criminal Code Act 1899

If, at any time before the jury returns its verdict, the accused person informs the court that—

he or she wishes to change his or her plea to one of guilty of the offence charged in the indictment; or

he or she wishes to plead guilty to any other offence of which he or she might be convicted upon the indictment;

the court—

in the case referred to in paragraph (a)—may direct that the accused person be again called upon in open court to plead to the indictment, and to say whether he or she is guilty or not guilty of the offence charged; or

in the case referred to in paragraph (b)—may direct, with the consent of the Crown, that the accused person be called upon in open court to plead to any other offence of which he or she might be convicted upon the indictment, and to say whether he or she is guilty or not guilty of that offence.

It is not necessary for the plea to be taken in the jury’s presence.

If the accused person does not plead guilty to the offence charged in the indictment or, in the circumstances described in subsection (1)(d), to another offence, the trial shall proceed.

If the accused person pleads guilty to the offence charged in the indictment or, in the circumstances described in subsection (1)(d), to another offence, the jury shall be discharged from giving their verdict in respect of the offence charged in the indictment.

A plea of guilty to an offence made by the accused person in the circumstances described in this section shall have effect as if made by him or her when called upon at the beginning of a trial to plead to an indictment charging him or her with that offence. sch 1 pt 8 ch 62 ch div 12 s 631A ins 1989 No. 17 s 51