Criminal Law

Plea

A plea is a formal response by an accused person to a criminal charge — either guilty, not guilty, or a plea of no defence. The plea determines whether a trial proceeds.

Legal Definition

Under the Criminal Procedure Act 51 of 1977, an accused person may plead guilty, not guilty, or raise special pleas (autrefois acquit, autrefois convict, prescription, etc.). A guilty plea triggers a formal inquiry to ensure it is freely and voluntarily made.

📖 Constitutional / Statutory Basis: Section 35(3), Constitution of the Republic of South Africa, 1996; Criminal Procedure Act 51 of 1977

Practical Example

You are charged with common assault. You plead not guilty — the trial proceeds. If you later plead guilty on a reduced charge via plea bargain, a s112 inquiry is held.

Frequently Asked Questions

Can a guilty plea be withdrawn?

Yes, with leave of the court, before sentence is passed — if you can show the plea was not voluntary or that you did not understand the consequences.

What is a plea and sentence agreement?

A plea bargain (s105A CPA) is an agreement between the prosecutor and accused — the accused pleads guilty to an agreed charge in exchange for a specific sentence recommendation.

Can a corporation plead guilty?

Yes. A legal entity can enter a guilty plea through its representative.

Related Terms

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