[Rev. 2012] Criminal Procedure Code CAP. 75 278. Effect of plea of “not guilty” An accused person, upon being arraigned upon an information, by pleading generally thereto the plea of “not guilty” shall, without further form, be deemed to have put himself upon the country for trial. 279. Plea of autrefois acquit and autrefois convict (1) An accused person against whom an information is filed may plead— (a) that he has been previously convicted or acquitted of the same offence; or (b) that he has obtained the President’s pardon for his offence. (2) If either of those pleas are pleaded and denied to be true, the court shall try whether the plea is true or not. (3) If the court holds that the facts alleged by the accused do not prove the plea, or if it finds that it is false, the accused shall be required to plead to the information. [Act No. 13 of 1967, First Sch.] 280. Refusal to plead (1) If an accused person being arraigned upon an information stands mute of malice, or neither will nor by reason of infirmity can, answer directly to the information, the court may order the Registrar or other officer of the court to enter a plea of “not guilty” on behalf of the accused person, and plea so entered shall have the same force and effect as if the accused person had actually pleaded it; or else the court shall thereupon proceed to try whether the accused person be of sound or unsound mind, and, if he is found of sound mind, shall proceed with the trial, and if he is found of unsound mind, and consequently incapable of making his defence, shall order the trial to be postponed and the accused person to be kept meanwhile in safe custody in such place and manner as the court thinks fit, and shall report the case for the order of the President. (2) The President may order the accused person to be confined in a lunatic asylum, prison or other suitable place for safe custody. [L.N. 124/1964.] 281. Plea generally and application of Part IVA (1) An accused person may plead not guilty, guilty, or guilty subject to a plea agreement. (2) Where an accused person pleads guilty subject to a plea agreement, the provisions of Part IV relating to plea agreements shall apply accordingly. [Act No. 11 of 2008, s. 5.] 282. Procedure on plea of “not guilty” If the accused pleads “not guilty”, or if a plea of “not guilty” is entered in accordance with section 280, the court shall proceed to try the case. [Act No. 33 of 1963, First Sch., Act No. 7 of 2007, Sch.] C44 - 83 [Issue 1]

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