The defendant was charged with the offence of being in self - employment without permit, contrary to sections 19 (2) and 30 of the Immigration and Deportation Act, Cap. 122, and was convicted and sentenced by the subordinate court of the first class. The defendant pleaded guilty to the charge and admitted the facts and was convicted on his plea and admission in the forenoon and the case was adjourned to the afternoon for sentence. Before sentence in the afternoon the magistrate received a letter from the solicitors for the defendant asking the court to substitute a plea of not guilty. The trial magistrate refused the request of the solicitors and gave as his reasons that since the letter was received after a conviction had been entered, it was not within his powers "to alter the verdict". The solicitors subsequently saw the trial magistrate in chambers and insisted that the court had the power to change the plea to that of not guilty. It seems as a result of this interview the trial magistrate has forwarded the record to the High Court for review.
Held:
(i) That a trial magistrate has a discretion to allow a plea of guilty to be withdrawn before sentence is passed.
(ii) If after considering the application the trial magistrate refuses the change of plea and proceeds to sentence, he becomes functus officio and cannot subsequently be asked to enter a plea of not guilty. The remedy which then could be available to a prisoner would be to appeal
