103Change to not guilty plea in higher court

103 Change to not guilty plea in higher court

103 Change to not guilty plea in higher court

(1) If an accused person brought before the District Court or the Supreme Court under section 97 or this Division changes to not guilty the plea to the offence on which the accused person was committed to the Court, the Judge of the District Court or the Supreme Court must direct that the accused person be put on trial for the offence.

(2) On the direction being given, the accused person is taken to have been committed for trial for the offence. The Judge may make the same orders and do the same things (including dealing with the accused person) as a Judge of the Local Court can on committing an accused person for trial.

(3) The Judge may give directions as to matters preliminary to the trial as the Judge thinks just.

(4) A direction may not be given under subsection (1) if the offence is punishable by imprisonment for life, but the Judge may make an order under section 101.

(5) Despite subsection (1), the Judge may make an order under section 101 instead of giving a direction under subsection (1), if of the opinion that such an order should be made.

s 103: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[2] [13].