Arraignment And Pleas

Question 1

What are the 3 situations and accused may fail to plead in

Answer 1

1) unfit to plead
2) incapable
3) chooses to stay silent

Question 2

What orders may the court make if accused found unfit to plead and the jury determine he did it

Answer 2

Hospital order

Supervisor order

Absolute discharge

Question 3

Can counsel plead guilty on behalf of D

Answer 3

No must come from accused but can plead not guilty on D behalf

Question 4

Can the accused plead guilty to lesser offence

Answer 4

Yes

Question 5

Can the accused change plea from not guilty to guilty

Answer 5

Yes the judge may allow this at any time before jury returns verdict

Question 6

Can the accused change plea from guilty to not guilty

Answer 6

Yea but is at the judge’s discretion at anytime before sentence passed

Question 7

What is the position with ambiguous pleas

Answer 7

Must seek to clarify and if cannoy clarify then should treat as not guilty plea