Entering a Plea

Pleas of Guilty or Not Guilty

In a criminal case, the defendant has to enter a plea of guilty or not guilty. Pleading guilty means that the defendant agrees with the version of events that the prosecutor puts forward to the Court.

Plea of Guilty

If a defendant enters a plea of guilty, the case may be finalised that day. The Magistrate will:

· Ask the prosecutor for the facts relating to the offence

· Ask the prosecutor for the defendant's criminal record and/or traffic record.

A defendant will then have the opportunity to tell the Magistrate about the offence, about themselves, and whether there are any circumstances that they want the Magistrate to consider when deciding what penalty to impose.

If a defendant filed a Written Notice of Pleading instead of attending Court, the Magistrate will take into account any information they have provided.

The Magistrate will then decide on the penalty. Depending on the order made, a defendant may have to attend the Court registry to sign papers.

Plea of Not Guilty

If a defendant enters a plea of not guilty, the case will not be finalised that day. Depending on the type of case, the Court will either list the case for a hearing, or will ask the Prosecutor to prepare a brief of evidence before the case is listed for a hearing.

Written Notice of Pleading

A defendant can advise the Court of their plea by completing and sending a form called Written Notice of Pleading. A defendant who has filed a Written Notice of Pleading at least seven days before the date listed on the Court Attendance Notice does not need to attend Court.

If a plea of guilty is entered, the Court registry will only send a written notice of the outcome if a fine and/or court costs are imposed. In some cases it may be necessary for the Defendant to attend Court for sentencing – the Court registry will advise the defendant in writing if this is necessary. If a plea of not guilty is entered, the Court registry will send a defendant a notice to advise of the date for the hearing.