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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 juris ...
, 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. 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. Ju ...
s, but they generally include " guilty", "not guilty", and the
peremptory pleas In common law systems, the peremptory pleas (pleas in bar) are defensive pleas that set out special reasons for which a trial cannot proceed; they serve to bar the case entirely. Pleas in bar may be used in civil or criminal cases; they address ...
, or pleas in bar, setting out reasons why a trial cannot proceed. Pleas of '' nolo contendere'' ("no contest") and the Alford plea are allowed in some circumstances.


Australia

In Australia, arraignment is the first of 11 stages in a criminal trial, and involves the clerk of the
court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of justice in Civil law (common law), civil, C ...
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 an ...
. The judge will testify during the indictment process.


Canada

In every
province A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outsi ...
in
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 tota ...
, except
British Columbia British Columbia (commonly abbreviated as BC) is the westernmost Provinces and territories of Canada, province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include ...
, 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

In
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan ar ...
, 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 a ...
custody for more than 24 hours from the time of the arrest. 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 ...
or organised crime. The police need to have the consent of the prosecutor, the ''procureur''. In the vast majority of cases, the prosecutor will consent.


Germany

In
Germany Germany, officially the Federal Republic of Germany (FRG),, is a country in Central Europe. It is the most populous member state of the European Union. Germany lies between the Baltic and North Sea to the north and the Alps to the sou ...
, if one has been arrested and taken into custody by the
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 a ...
one must be brought before a judge as soon as possible and at the latest on the day after the arrest.


New Zealand

In New Zealand law, 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

In
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 count ...
, 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

In
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 ...
,
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. North ...
, 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
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 a ...
cannot legally detain anyone for more than 24 hours without charging them unless an officer with the rank 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
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 ...
-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 U.S. state, states, a Washington, D.C., federal district, five ma ...
Federal Rules of Criminal Procedure, "arraignment shall .. onsist of anopen ..reading fthe
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 an ...
..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 countrie ...
. 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 state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the ...
, 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 ''County of Riverside v. McLaughlin'', 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant (warrantless arrests) be brought into court to det ...
, 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 (
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 juris ...
) is addressed by name; # The charge against the accused person is read, including the alleged date, time, and place of offense (and sometimes the names of the state's witnesses and the range of punishment for the charge(s)); and, # The accused person is asked formally how they plead.


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 Encyc ...
technology. Use of video arraignment system allows the
court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of justice in Civil law (common law), civil, C ...
to conduct the requisite arraignment process without the need to transport the defendant to the courtroom by using an
audio-visual Audiovisual (AV) is electronic media possessing both a sound and a visual component, such as slide-tape presentations, films, television programs, corporate conferencing, church services, and live theater productions. Audiovisual service p ...
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 usually follows. The court is not required to accept a guilty plea. During the hearing, the judge assesses the offense, the mitigating factors, and the defendant's character, and passes sentence. If the defendant pleads not guilty, a date is set for a
preliminary 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 ...
or a trial. In the past, a defendant who refused to plead (or "stood mute") was subject to '' peine forte et dure'' (
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, b ...
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 omniprese ...
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 migh ...
.
The rationale for this is the defendant's right to silence.


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.


See also

* Desk appearance ticket


References

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