What is the legal test for accepting a guilty plea?

Prince Edward Island, Canada


The following excerpt is from Her Majesty the Queen v. Brown, 2006 PESCAD 17 (CanLII):

There are two stages in the process when the trial judge’s discretion in accepting a guilty plea comes into focus: first, when after the charge is read, the plea is entered; and second, after the hearing of evidence as to the facts which constitute the offence. There is however, no obligation on the trial judge to make a detailed inquiry as to the factual basis for the charges particularly when the accused is represented by competent counsel. If the inquiry discloses that the facts do not constitute a legal basis for the charge or, for another valid reason, the trial judge may at this point refuse to accept the guilty plea. See: Adgey v. The Queen, 1973 CanLII 37 (SCC), [1975] 2 S.C.R. 426 (S.C.C.) at pp. 428-429.

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