1964_MAGISTRATES_ORDINANCE — Page 53

Magistrates

[1988 Ed.

require a person who has made a witness statement which has been handed into court under section 80C to give oral evidence at the hearing in accordance with section 81.

(Replaced, 48 of 1983, s. 3)

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Committal for sentence on a plea of guilty

81B. (1) Where, by section 80C(4)(a) or section 82(1), the magistrate is required to ascertain whether the accused desires to plead guilty to the charge, he shall inform the accused that the court proposes to commit him for trial; but that the accused may, if he so desires now, plead guilty to the charge and, if he pleads guilty, he will be committed to the High Court for sentence.

(2) If the accused then pleads guilty the magistrate, before he accepts the plea shall-

(a) where the accused pleads guilty in proceedings under section 80C, require the prosecutor to outline to the accused, to the satisfaction of the magistrate, the alleged facts upon which the charge is based;

(b) explain to the accused the offence with which he is charged and the ingredients which at law constitute such offence; and

(c) record any statement made by the accused in pleading guilty to the charge and that the offence and the ingredients which at law constitute the offence were explained to the accused,

and, if the magistrate is satisfied that the plea is made voluntarily and with an understanding of the nature of the charge, he shall commit the accused for sentence.

(3) No objection shall be taken to any information or complaint to which the accused has pleaded guilty, and the accused shall not afterwards be allowed to withdraw the plea except with the leave of a judge of the High Court.

(4) Where a judge grants leave to withdraw a plea of guilty in accordance with the provisions of subsection (3) he may, at the same time, exercise his powers under section 24A(1) of the Criminal Procedure Ordinance (Cap. 221) to direct or consent to the preferment of an indictment charging the accused with the offence in respect of which the plea has been withdrawn or any related offence.

(5) An accused who is committed for sentence shall as soon as practicable be brought before the High Court for sentence, and any judge of that Court shall have the same powers of sentencing or otherwise dealing with the accused, and of finally disposing of the charge and of all incidental matters, as he would have had if the accused on arraignment at any criminal sittings of the High Court had pleaded guilty to the offence charged on an indictment duly presented.

(6) The magistrate committing an accused for sentence shall have the like powers to commit the accused to prison or to admit him to bail as in the case of an accused committed for trial and the accused shall have the like rights and obligations.

(Replaced, 48 of 1983, s. 3)

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