CHAPTER THREE
Procedure

PART IV
SUMMARY PROCEEDINGS

Sub-Part A - Trial of Summary Offences

Objections not Admissible

Amendment. Particulars. Adjournment.

Order against defendant admitting charge
702. Where the defendant admits the truth of the complaint and shows no cause, why an order should not be made against him or her, the Court shall make such order against him or her as the justice of the case requires.

CHAPTER THREE
Procedure

PART VI
INDICTABLE TRIALS

SUB-PART A
THE TRIAL

Plea of Autrefois Acquit or Autrefois Convict or Pardon

Accused to appear and plead
887.— (1) At the time appointed for the trial or sentence of the accused upon any indictment he or she shall appear or be placed at the bar.

(2) The accused shall be informed in open Court of the offence with which he or she is charged as set forth in the indictment and he or she shall be required to plead instantly to the indictment , unless where the accused, having been committed for trial, objects and the Court finds that he or she has not been duly served with a copy of the indictment.

(3) A trial is deemed to begin when the accused is called upon to plead to the indictment.


Accused committed for sentence to plead
888. A person who has been committed for sentence shall be called upon to plead to the indictment.


No pleading to previous conviction count. Exception
889. Unless otherwise expressly provided, where an indictment contains a count charging the accused person with having been previously convicted, he or she shall not, at the time of his or her arraignment, be required to plead to it unless he or she pleads guilty to the rest of the indictment, nor shall such count be mentioned to the jury when the accused is given in charge to them, nor shall he or she be tried upon the count if he or she is acquitted on the other counts.


No plea in abatement
890. No plea in abatement shall be allowed.


Competent pleas
891.— (1) When the accused person is called upon to plead, he or she may plead either guilty or not guilty, or he or she may object or plead such special pleas as are provided in this Sub-Part.

(2) If the accused willfully refuses to plead or will not answer directly, the Court may, if it thinks fit, order the Registrar to enter a plea of not guilty.


Jury to find if accused capable to plead and take his or her trial
892.— (1) If, when the accused is called upon to plead to the indictment, it appears to be uncertain for any reason whether he or she is capable of understanding the proceedings at the trial so as to be able to make a proper defence, a jury chosen from the panel of jurors shall be empanelled forthwith and shall be sworn to find whether or not he or she is so capable.

(2) Where the jury finds that the accused person is so capable of understanding the proceedings, the trial shall proceed as in other cases.

(3) Where the jury finds that he or she is not capable, of under¬standing the proceedings, the finding shall be recorded and the Court may order the accused to be discharged or may order him or her to be kept in custody in such place and in such manner as the Court thinks fit until he or she can be dealt with according to law.

(4) A person so found to be incapable of understanding the proceedings at the trial may subsequently be indicted and tried for the of¬fence if he or she is then found capable of understanding the proceedings.