(1) Where an indictment is filed against a corporation in respect of any indictable offence the corporation may, on arraignment, enter a plea in writing by its representative.
(2) If the corporation either does not appear by a representative or, though it does so appear, fails to enter any plea as aforesaid, the court shall order a plea of not guilty to be entered, and the trial shall proceed as if the corporation had duly entered a plea of not guilty.
(3) In this section, the term representative means a person duly appointed by the corporation to represent it for the purposes of this section; but a person so appointed shall not, by virtue only of being so appointed, be qualified to act on behalf of the corporation before the court for any other purpose.
(4) A representative for the purposes of this section need not be appointed under the seal of the corporation; and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name he is called) having, or being one of the persons having, the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section shall be admissible without further proof as prima facie evidence that that person has been so appointed.
Compare: 1936 No 58 s 42(3), (6), (7)
Section 361(1): amended, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).