When judge may enter finding of guilty or not guilty
241 When judge may enter finding of guilty or not guilty
If, during trial, an accused is re-arraigned and pleads guilty to a charge on the indictment, the trial judge may discharge the jury from delivering a verdict on the charge and instead direct that an entry of guilty be made on the record in respect of that charge.
If—
during trial the prosecution informs the trial judge that the prosecution proposes not to lead evidence on a charge on the indictment; or
at the close of the case for the prosecution, the trial judge decides that there is no case for the accused to answer in respect of a charge on the indictment—
the trial judge may discharge the jury from delivering a verdict on the charge and instead direct that an entry of not guilty be made on the record in respect of that charge.
An entry of guilty under subsection (1) or an entry of not guilty under subsection (2) has the same effect as if it were the verdict of a jury on the trial of the accused on that charge.
This Act’s bill:Explanatory memorandumSecond reading speech
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