Arraignment is a formal reading of a criminal charging document in the presence of the

defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...

, to inform them of the

charges Charge or charged may refer to: Arts, entertainment, and media Films * ''Charge, Zero Emissions/Maximum Speed'', a 2011 documentary Music * ''Charge'' (David Ford album) * ''Charge'' (Machel Montano album) * '' Charge!!'', an album by The Aqu ...

against them. In response to arraignment, the accused is expected to enter a

plea In legal terms, a plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in response ...

. Acceptable pleas vary among

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...

s, but they generally include "

guilty Guilty or The Guilty may refer to: * Guilt (emotion), an experience that occurs when a person believes they have violated a moral standard Law *Culpability, the degree to which an agent can be held responsible for action or inaction *Guilt (law) ...

", "not guilty", and the peremptory pleas, or pleas in bar, setting out reasons why a trial cannot proceed. Pleas of '' nolo contendere'' ("no contest") and the

Alford plea In United States law, an Alford plea, also called a Kennedy plea in West Virginia, an Alford guilty plea, and the Alford doctrine, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act and ...

are allowed in some circumstances.

Australia

Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...

, arraignment is the first of 11 stages in a criminal trial, and involves the

clerk A clerk is a white-collar worker who conducts general office tasks, or a worker who performs similar sales-related tasks in a retail environment. The responsibilities of clerical workers commonly include record keeping, filing, staffing service ...

of the

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...

reading out the

indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of a ...

. The

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

will

testify In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. La ...

during the indictment process.

Canada

In every

province A province is almost always an administrative division within a country or sovereign state, state. The term derives from the ancient Roman ''Roman province, provincia'', which was the major territorial and administrative unit of the Roman Empire ...

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...

, except

British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...

, defendants are arraigned on the day of their trial. In British Columbia, arraignment takes place in one of the first few court appearances by the defendant or their lawyer. The defendant is asked whether they plead guilty or not guilty to each charge.

France

France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...

, the general rule is that one cannot remain in

police The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...

custody for more than 24 hours from the time of the

arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...

. However, police custody can last another 24 hours in specific circumstances, especially if the offence is punishable by at least one year's imprisonment, or if the investigation is deemed to require the extra time, and can last up to 96 hours in certain cases involving

terrorism Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...

drug trafficking A drug is any chemical substance that causes a change in an organism's physiology or psychology when consumed. Drugs are typically distinguished from food and substances that provide nutritional support. Consumption of drugs can be via insuffla ...

organised crime Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally th ...

. The police need to have the consent of the prosecutor, the ''procureur''. In the vast majority of cases, the prosecutor will consent.

Germany

Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...

, if one has been arrested and taken into custody by the

one must be brought before a judge as soon as possible and at the latest on the day after the arrest.

New Zealand

New Zealand law The law of New Zealand uses the English common law system, inherited from being a part of the British Empire. There are several sources of law, the primary ones being statutes enacted by the New Zealand Parliament and case law made by decisions ...

, at the first appearance of the accused, they are read the charges and asked for a plea. The available pleas are: guilty, not guilty, and no plea. No plea allows the defendant to get legal advice on the plea, which must be made on the second appearance.

South Africa

South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...

, arraignment is defined as the calling upon the accused to appear, the informing of the accused of the crime charged against them, the demanding of the accused whether they plead guilty or not guilty, and the entering of their plea. Their plea having been entered, they are said to stand arraigned.

United Kingdom

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...

Wales Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the ...

, and

Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...

, arraignment is the first of 11 stages in a criminal trial, and involves the clerk of the court reading out the indictment. In England and Wales, the

cannot legally detain anyone for more than 24 hours without charging them unless an officer with the

rank Rank is the relative position, value, worth, complexity, power, importance, authority, level, etc. of a person or object within a ranking, such as: Level or position in a hierarchical organization * Academic rank * Diplomatic rank * Hierarchy * ...

of superintendent (or above) authorises detention for a further 12 hours (36 hours total), or a judge (who will be a

magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...

) authorises detention by the police before charge for up to a maximum of 96 hours, but for

-related offences people can be held by the police for up to 28 days before charge. If they are not released after being charged, they should be brought before a court as soon as practicable.

United States

Under the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

Federal Rules of Criminal Procedure The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Federa ...

, "arraignment shall .. onsist of anopen ..reading fthe

..to the defendant ..and call[] on [them] to plead thereto. [They] shall be given a copy of the indictment ..before [they are] called upon to plead." In Federal judiciary of the United States, federal courts, arraignment takes place in two stages. The first is called the "initial arraignment" and must take place within 48 hours of an individual's arrest, 72 hours if the individual was arrested on the weekend and not able to go before a judge until Monday. During this stage, the defendant is informed of the pending legal charges and is informed of his or her Right to counsel, right to retain counsel. The presiding judge also decides at what amount, if any, to set

bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries ...

. During the second stage, a post-indictment arraignment (PIA), the defendant is allowed to enter a plea. In New York, most people arrested must be released if they are not arraigned within 24 hours. In

California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...

, arraignments must be conducted without unnecessary delay and, in any event, within 48 hours of arrest, excluding weekends and holidays. County of Riverside v. McLaughlin, 500 U.S. 44 (1991)

Form of the arraignment

The wording of the arraignment varies from jurisdiction to jurisdiction. However, it generally conforms with the following principles: # The accused person (

) is addressed by

name A name is a term used for identification by an external observer. They can identify a class or category of things, or a single thing, either uniquely, or within a given context. The entity identified by a name is called its referent. A personal ...

; # The

charge Charge or charged may refer to: Arts, entertainment, and media Films * '' Charge, Zero Emissions/Maximum Speed'', a 2011 documentary Music * ''Charge'' (David Ford album) * ''Charge'' (Machel Montano album) * ''Charge!!'', an album by The Aqu ...

against the accused person is read, including the alleged date, time, and place of offense (and sometimes the names of the state's

witnesses In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...

and the range of punishment for the charge(s)); and, # The accused person is asked formally how they

plead In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudi ...

Video arraignment

Video arraignment is the act of conducting the arraignment process using some form of

videoconferencing Videotelephony, also known as videoconferencing and video teleconferencing, is the two-way or multipoint reception and transmission of audio and video signals by people in different locations for real time communication.McGraw-Hill Concise Ency ...

technology. Use of video arraignment system allows the

to conduct the requisite arraignment process without the need to transport the defendant to the

courtroom A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual ...

by using an audio-visual link between the location where the defendant is being held and the courtroom. Use of the video arraignment process addresses the problems associated with having to transport defendants. The transportation of defendants requires time, puts additional demands on the public safety organizations to provide for the safety of the public, court personnel and for the security of the population held in detention. It also addresses the rising costs of transportation.

Guilty and not-guilty pleas

If the defendant pleads guilty, an

evidentiary hearing Within some criminal justice systems, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine wh ...

usually follows. The court is not required to accept a guilty plea. During the hearing, the judge assesses the offense, the

mitigating factor In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sente ...

s, and the defendant's character, and passes sentence. If the defendant pleads not guilty, a date is set for a preliminary hearing or a

trial In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...

. In the past, a defendant who refused to plead (or "stood mute") was subject to ''

peine forte et dure ' (Law French for "hard and forceful punishment") was a method of torture formerly used in the common law legal system, in which a defendant who refused to plead ("stood mute") would be subjected to having heavier and heavier stones placed upon ...

'' (

Law French Law French ( nrf, Louai Français, enm, Lawe Frensch) is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, be ...

for "strong and hard punishment"). Today, in

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

jurisdictions, the court enters a plea of not guilty for a defendant who refuses to enter a plea.In Queensland, Australia, this matter is covered by statute. See s601 of the Queensland

Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

. The rationale for this is the defendant's

right to silence The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the worl ...

Pre-trial release

This is also often the stage at which arguments for or against pre-trial release and bail may be made, depending on the alleged crime and jurisdiction.

References

{{Criminal procedure Legal terminology Prosecution United States criminal procedure Criminal law of the United Kingdom Australian criminal law