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Arraignment & Plea of accused (7. Autrefois (Rules: (P can't try a…

- - - - can't be raised prior to plea proceedings
    - - may plead ito criminal defamation
- - - - i. medical superintendent of psychiatric hospital
      - ii. psychiatrist app. by prosecution
      - iii. psychiatrist app. by c
      - iv. clinical psychologist if c directs
- - - - codified ito s105(a) CPA
      - S & A reach a binding agreement
      - Formalties
        
        i) written
        
        ii) before trial commences
        
        iii) once-off possibility
      - c to look @ S105(1)(b)(iii) - participation of complainant / victim
      - Pros. & legally represented a agree on plea & sentence
        
        non- rep. may not use statutory plea
      - Judge /magis:
        
        may not participate
        
        question a in c about agreement to see if they admit to everything
        
        if unsatis? c consults parties on what sentence =
      - trial c cannot impose sentence other than agreement w/o advising s & a that proposed sentence is unjust
    - - stat. neg. failed or process not avail. due to accused pleading
      - plea to lesser offence neg. between A & S
      - agreement reached w/ S based on facts before c to justify agreement
      - a can negotiate to supply vital info
      - if a faces many charges? bargain to please to only some charges against co-accused
      - Cons
        
        can only occur when prosecutor recommends sentence
        
        prosecutor can suggest lighter sentence to court
      - could be single neg. or could take months
      - s is held to plea bargain it made
- - - - mistakes
      - doubt
      - genuine admissions made as proof re: facts & elements of crime
      - can be brought to conviction but before sentencing
        
        onus on a to after g plea to show ng plea = invol.
      - questioning:
        
        after g plea = less wrong convictions
        
        purpose: protect a against wrongful conviction
        
        co-accused? q separately
        
        j must ask if plea = admission to all elements of crime
        
        gp doesnt bar c from questioning, hearing evi or statements etc
  - - - if incl. offences j must q the a
      - w/o summary c doesn't know seriousness of case
      - summary & contents must go on c's record = part of proceedings
      - if a disputes details in summary? s must bring evi to prove details
    - - where a pleads to diff. offence, p doesn't proceed w/ original charge
        
        if g is plea on original charge? acceptance = unnec.
      - if prosc. doesn't accept a's altered plea? plea of ng must be entered
- - - - J may ask re: statement re: basis of their defence
      - c can q a ito allegations they dispute
        
        stands as proof of facts
  - - - 1) a may indicate basis of defence
      - 2) ascertaining which allegations in charges are in dispute thru q
  - - - c's duty to determine issues & p mustn't interfere