What action is taken by the court when an accused refuses to plead?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

When an accused refuses to plead, the appropriate action taken by the court is to order the clerk to enter a plea of not guilty on their behalf. This procedural step is in alignment with the principle that everyone is entitled to a fair trial and cannot be penalized for choosing not to respond to the charges against them. By entering a not guilty plea, the court ensures that the accused is afforded the rights and protections guaranteed by law, allowing the case to proceed to trial where the prosecution must present evidence to prove guilt beyond a reasonable doubt.

This practice promotes the integrity of the judicial process and upholds the presumption of innocence, which is fundamental in criminal law. It also prevents any disadvantage to the accused, ensuring they are not seen as having admitted guilt simply by their refusal to actively engage in the plea process.

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