On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 24/08/2012.
227.
—(1) If the accused pleads guilty to the charge after it has been read and explained to him, whether as originally framed or as amended, his plea must be recorded and he may be convicted on it.
(2) Before the court records a plea of guilty, it must —
(a)
if the accused is not represented by an advocate, be satisfied that the accused —
(i)
understands the nature and consequences of his plea and the punishment prescribed for the offence; and
(ii)
intends to admit to the offence without qualification; or
(b)
if the accused is represented by an advocate, record the advocate’s confirmation that the accused —
(i)
understands the nature and consequences of his plea; and
(ii)
intends to admit to the offence without qualification.
(3) The High Court shall not record a plea of guilty in a case where the accused pleads guilty to an offence punishable with death unless the accused has been committed to stand trial in the High Court under Division 2 of Part X for the offence, and evidence is led by the prosecution to prove its case at the trial.
(4) Where —
(a)
an accused has been committed for trial under section 178 or a case has been transmitted for trial in the High Court under Division 5 of Part X;
(b)
a date is fixed for a plea of guilty to be taken from the accused who has been committed for trial or whose case has been so transmitted; and
(c)
on that date, the accused refuses to plead, does not plead or claims trial,
the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters referred to in section 212 and the procedure in Division 5 of Part X shall, with the necessary modifications, apply in relation to the case.
(5) Where —
(a)
the criminal case disclosure procedures apply by virtue of section 159 in relation to a case;
(b)
a date is fixed for a plea of guilty to be taken from the accused to whom the case relates; and
(c)
on that date, the accused refuses to plead, does not plead or claims trial,
the court may order the parties to the case to attend a criminal case disclosure conference for the purpose of settling the matters referred to in section 160 and the procedures in Division 2 of Part IX shall, with the necessary modifications, apply in relation to the case.
228.
—(1) On the conviction of the accused, the prosecution may where it thinks fit address the court on sentence.
(2) The address on sentence may include —
(a)
the criminal records of the accused;
(b)
any victim impact statement; and
(c)
any relevant factors which may affect the sentence.
(3) The court must then hear any plea in mitigation of sentence by the accused and the prosecution has a right of reply.
(4) Where the court is satisfied that any matter raised in the plea in mitigation materially affects any legal condition required by law to constitute the offence charged, the court must reject the plea of guilty.
(5) After the court has heard the plea in mitigation, it may —
(a)
at its discretion or on the application of the prosecution or the accused hear any evidence to determine the truth or otherwise of the matters raised before the court which may materially affect the sentence; and
(b)
attach such weight to the matter raised as it considers appropriate after hearing the evidence.
(6) The court must then pass sentence according to law immediately or on such day as it thinks fit.
(7) In this section, “victim impact statement” means any statement relating to any harm suffered by any person as a direct result of an offence, which includes physical bodily harm or psychological or psychiatric harm.