PART 9MISCELLANEOUS

Early guilty pleas

I188Sentencing court to indicate sentence which would have been imposed if guilty plea entered at earliest reasonable opportunity

1

Subsection (2) applies where in any criminal proceedings a person (“D”) is convicted of an offence and—

a

D did not at any stage of the proceedings plead guilty to the offence; or

b

D's plea of guilty to the offence (or D's indication of intention to plead guilty) was not, in the opinion of the court, entered (or given) at the earliest reasonable opportunity.

2

The court in sentencing D for the offence must indicate the sentence which the court would have imposed for the offence if D had pleaded guilty to the offence (or indicated D's intention to do so) at the earliest reasonable opportunity in the proceedings.

3

For the purposes of this section—

a

a plea of guilty which is changed to a plea of not guilty is to be disregarded;

b

an indication of intention to plead guilty is to be disregarded if a plea of not guilty is actually entered.