141Withdrawal of plea and substitution of plea of not guilty

141 Withdrawal of plea and substitution of plea of not guilty (1) When a defendant has been committed or granted bail to appear for sentence, the defendant may, nevertheless, by notice in writing to the Director of Public Prosecutions, not less than 7 clear days before the day of the first sitting of the Supreme Court at which the defendant is to appear, withdraw the defendant's plea of guilty and substitute therefor a plea of not guilty: Provided that in such case the Supreme Court may adjourn or postpone the trial to such day as the Court thinks proper. (2) Thereupon the defendant: (a) if committed to appear for sentence, shall be deemed to have been committed for trial and the warrant of committal shall be construed accordingly; or (b) if granted bail to appear for sentence, shall be deemed to have been granted bail to appear for trial, and any bail undertaking or condition by whomsoever entered into in connection with the grant of bail, shall be construed accordingly. (3) Upon receipt of a notice under this section it shall be the duty of the Director of Public Prosecutions to cause the notice to be delivered to the proper officer mentioned in section 139. (4) At the trial of any person who has, under this section, substituted a plea of not guilty, the fact that he had pleaded guilty to the charge on which he is being tried shall not be put in evidence, nor be made the subject of any comment by the prosecution.

Local Court (Criminal Procedure) Act 1928 61