59Entering plea and making election

### 59 Entering plea and making election > *\[Section 59 Repealed by No. 108 of 1974, s. 17 \]* > > > (1)  In pleading to an indictable offence, the defendant may plead – > > > > > > (a) guilty to the offence; or > > > > > > > (b) if the justices and prosecutor consent, guilty of any other indictable offence of which he or she might be convicted on an indictment for the offence charged; or > > > > > > > (c) not guilty to the offence charged; or > > > > > > > (d) that further proceedings may not be taken in respect of the charge; or > > > > > > > (e) that he or she has cause to show why he or she should not be convicted of the offence charged; or > > > > > > > (f) that he or she previously has been found guilty or not guilty of the offence charged. > > > (2)  If the defendant, on being asked to plead under [section 55](#GS55@EN) or [58](#GS58@EN) , stands mute or refuses to, or does not, answer directly to the charge, he or she is taken to plead not guilty. > > > (3)  If the defendant, on being asked to make an election under [section 55](#GS55@EN) or [58](#GS58@EN) , stands mute or refuses to, or does not, make a definite election, he or she is taken to elect for the charge to be determined by justices. > > > (4)  If the defendant pleads guilty and is to be sentenced in the Supreme Court – > > > > > > (a) the complaint is to be endorsed with the words "I plead guilty to the offence of \[state offence\]" and "Dated this ……day of……200…."; and > > > > > > > (b) that endorsement is to be – > > > > > > > > > > (i) signed by the defendant; or > > > > > > > > > > > (ii) if the defendant is unable to sign the endorsement, marked by the defendant, with that mark being certified by the justices.