Antigua and Barbuda

Chapter 118 - The Criminal Procedure (Committal for Sentence) Act

4. (2) Plea by accused committed for sentence.

The accused person shall be called upon to plead to the indictment in the same manner as if he had been committed for trial, and he may plead, either that he is guilty of the offence charged in the indictment, or with the consent of the prosecutor, of any other offence of which he might be convicted on the indictment.

(3) If the accused person pleads in the High Court that he is not guilty, or if although he pleads that he is guilty it appears to the said Court upon the examination of the depositions of the witnesses that he has not in fact committed the offence charged in the indictment, or any other offence, of which he might be convicted on the indictment, the plea of not guilty shall be entered and the trial is to proceed
as in other cases when that plea is entered, and the Judge shall postpone the case for trial by a jury at the regular criminal sessions of the High Court, and may remand the accused to prison or admit him to bail in the meantime.

(4) A person who has been committed for sentence may plead autrefois acquit, autrefois convict, pardon, or such special plea as he would be permitted to plead according to the law of England for the time being in force, and in such case unless the accused and the prosecutor and the Judge consent to
the issue being tried by the Judge without a jury, the Judge shall postpone the case for a trial by a jury as in the preceding sub-section provided.

5. Withdrawal by accused of consent to his committal for sentence.

(1) A person may at any time before he is brought up for sentence give notice in writing to the Registrar that he desires to withdraw his consent to be committed for sentence, and in such case the prisoner shall not be taken before the High Court for sentence but shall be brought up for trial at the regular criminal sessions of the said Court.

(2) The notice shall be filed for record in the Registrar's office, and the Registrar shall notify the Director of Public Prosecutions of the withdrawal of the consent to committal for sentence ; and such notice may be put in evidence at the trial or mention may be made at the trial of the fact that such notice was given.

Keywords

National proceedings on admission of guilt



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