Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The accused may enter a plea of guilty to an offence not specified in the indictment if:
(a) the Court has jurisdiction to try a person for the offence; and
(b) the prosecutor consents; and
(c) the matters alleged in the indictment can support an allegation that the accused committed the offence.
(2) For the purposes of this Act, if the accused pleads guilty to an offence in accordance with subsection (1), the indictment is taken to have always included a count against the accused for the offence.
Note: If the accused proposes to enter a plea of guilty to an offence that cannot be supported by the matters alleged in the indictment, the prosecutor will need to amend the indictment under section 23BH to include a count for the offence before the accused can enter the plea to that offence.