Tuvalu Island Courts Bench Book - Federal Court of Australia

5.5 Guilty Plea
When the accused pleads guilty, ask him or her to sit down.
Police Summary of Facts
Tell the accused to listen very carefully to the Summary of Facts. Explain that he or she will be
asked at the end whether the facts are true.
The facts will be read out by the Prosecutor. The Prosecutor explains what happened, where,
and the consequences.
Ensure that the facts given support the charge brought. The Prosecutor must present sufficient
information to establish all the elements of the offence.
Ask the accused whether or not the facts read to the Court are true.
If the accused admits the truth of the charge, enter a plea of guilty, convict the accused and pass
sentence.
However, if the accused admits the truth of the charge, but makes some comments, you must
listen carefully because sometimes those comments indicate a possible defence. Where any
comments made by the accused amounts to a defence, you must enter a plea of not guilty for the
accused.
If the accused disputes any of the facts, consider whether the disputed facts are relevant to the
offence. Remember that a plea of guilty is a plea to the elements of the offence, not necessarily
acceptance of the Summary of Facts. If the facts that the accused disputes are not relevant to the
elements, enter a plea of guilty, convict and pass sentence. If the disputed facts are relevant to
the elements, you must enter a plea of not guilty for the accused.
5.6 Plea by Letter
In certain offences, a letter admitting the offence can be accepted by the Court, and the Court
may excuse the attendance of the accused. This letter has to be signed and dated.
The letter will be read out to the Court and the plea entered. The Prosecutor will proceed to read
out the facts, and any other relevant information.
The Court will sentence the accused in their absence and the Clerk will write to the accused to
advise him or her of the decision made.
This should be done only where the offence is minor.
Tuvalu Island Courts Bench Book June 2004