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Article 38 Alternative charges

Original text. Later amendments are not shown.

(1)

Where an accused pleads guilty to the more serious of two or more alternative charges, the court, if it accepts the plea, shall record a finding of guilty in respect of that charge and shall not proceed with the lesser alternative charge or charges.

(2)

Where an accused pleads guilty to the lesser of two or more alternative charges, the court may—

(a)

proceed as if the accused had pleaded not guilty to all the charges; or

(b)

record a finding of guilty on the charge to which the accused has pleaded guilty and not proceed with the more serious alternative charge or charges.