​KembaraXtra – Legal Terms – Mute
​In criminal procedure, mute refers to a defendant who refuses or fails to plead to a criminal charge.
The expression commonly appears in the phrase “standing mute,” which describes a defendant who remains silent instead of entering a plea of guilty or not guilty.
Where a defendant stands mute, the court may investigate whether the silence is deliberate or caused by inability to understand the proceedings.
If the defendant is capable of pleading but refuses to do so, the court may enter a plea of not guilty on the defendant’s behalf and continue with the trial.
The concept is important in ensuring that criminal proceedings can continue fairly even when an accused person refuses to cooperate.