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Changes of Plea
Defence (Procedure) Rules, r. 39 · Revised Edition 2020
(1) An accused who has pleaded not guilty may at any time before the court closes to deliberate on its finding withdraw his plea of not guilty and substitute a plea of guilty (including a plea 57 of guilty under rule 34(2)) and in such case the court shall, if it is satisfied that it can accept the accused’s changed plea under these Rules, record a finding in accordance with the accused’s change of plea and so far as is necessary proceed as directed by rule 38.
(2) If at any time during the trial it appears to the court that an accused who has pleaded guilty does not understand the effect of his plea or the nature of the charge, the court shall enter a plea of not guilty and proceed with the trial accordingly.
(3) When a court enters a plea of not guilty in respect of any charge under paragraph (2) of this rule, it shall, if there was a charge laid in the alternative thereto which the prosecutor withdrew under rule 38 reinstate such alternative charge,
arraign the accused thereon and proceed with the trial as if it had never been withdrawn.
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