Arraignment is a formal reading of a criminal charging document in the presence of the defendant. In response to arraignment, the defendant is expected to enter a plea. Acceptable pleas vary among jurisdiction but generally include peremptory (setting out reasons why a trial cannot proceed), not guilty, guilty, the Alford (a type of guilty plea where the defendant asserts innocence but concedes that they will be found guilty, only used in the United States) and nolo contendere (or no contest).
In every province in Canada except British Columbia, defendants are arraigned on the day of their trial (?). In British Columbia, arraignment takes places in one of the first few court appearances by the defendant or their lawyer. The defendant is asked whether he or she pleads guilty or not guilty to each charge.
In France, the general rule is that one cannot remain in police 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, drug trafficking or organised crime. The police needs to have the consent of the prosecutor (in the vast majority of cases, the prosecutor will consent).
In Germany, if one has been arrested and taken into custody by the police one must be brought before a judge as soon as possible and at the latest on the day after the arrest.
At the first appearance, the accused is 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.
In South Africa, arraignment is defined as the calling upon the accused to appear, the informing of the accused of the crime charged against him, the demanding of the accused whether he be guilty or not guilty, and the entering of his plea. His plea having been entered he is said to stand arraigned.
In England and Wales, the police 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) authorises detention by the police before charge for up to a maximum of 96 hours, but for terrorism-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.
The United States has 57 court systems – one each for federal (1), state (50), commonwealth (2), territorial (3), and federal district (1) jurisdictions. Each jurisdiction establishes its own rules of criminal procedure. All 57 sets of rules must comply with certain provisions of the U.S. Constitution (e.g. the privilege against self-incrimination, prohibition of excessive bail, etc.) but otherwise are bound only by their own local constitutions and statutes.
At federal level, the Federal Rules of Criminal Procedure provide that "arraignment shall [consist of an] open...reading [of] the indictment...to the defendant...and call on him to plead thereto. He/she shall be given a copy of the indictment...before he/she is called upon to plead."
Federal 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 arraignment the defendant is informed of the pending legal charges and is informed of his or her right to retain counsel. The presiding judge also decides at what amount, if any, to set bail. During the second arraignment, a post-indictment arraignment or 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, arraignments must be conducted without unnecessary delay and, in any event, within 48 hours of arrest, excluding weekends and holidays. Thus, an individual arrested without a warrant, in some cases, may be held for as long as 168 hours (7 days) without arraignment or charge. For example, both Thanksgiving Day and the day after Thanksgiving are state holidays in California. So, if someone was arrested at 9:00 am on the Tuesday before Thanksgiving, the 48-hour period would not expire at 9:00 am on Thursday as it normally would, because that is a holiday; and the next day is a holiday; and the two days after that are the weekend; so the arraignment need not take place until 9:00 am on Monday morning following the arrest on the previous Tuesday.
In Michigan, the procedure differs for misdemenours and felonies. A defendant is allowed to enter a plea when arraigned for a misdemeanour but no plea is entered by a defendant charged with a felony. In either case, the judge explains the defendant's rights to him/her, advises of his/her right to an attorney, sets pre-release bail (except when inappropriate), and sets a date for a pre-trial conference (misdemeanour only) or pre-exam conference (felonies only, and only in some counties). Because of the Michigan Constitution's guarantee of a speedy arraignment, a least one judge in every Michigan District Court is on 24-hour call every day, including weekends and holidays, so that the arraignment can be held as soon after the arrest as possible.
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) 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 he or she pleads.
Video arraignment is the act of conducting the arraignment process using some form of videoconferencing technology. Use of video arraignment system allows the courts to conduct the requisite arraignment process without the need to transport the defendant to the courtroom 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 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.
In the past, a defendant who refused to plead (or "stood mute") was subject to peine forte et dure (Law French for "strong and hard punishment"). Today in common-law jurisdictions, the court enters a plea of not guilty for a defendant who refuses to enter a plea. The rationale for this is the defendant's right to silence.
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.
- "CRIMINAL PROCEEDINGS AND DEFENCE RIGHTS IN FRANCE" (PDF). Fair Trials International. Archived (PDF) from the original on 12 May 2014.
- "CRIMINAL PROCEEDINGS AND DEFENCE RIGHTS IN GERMANY" (PDF). Fair Trials International. Archived (PDF) from the original on 12 May 2014.
- "CRIMINAL PROCEEDINGS AND DEFENCE RIGHTS IN ENGLAND AND WALES" (PDF). Fair Trials International. Archived (PDF) from the original on 12 May 2014.
- Samaha, Joel (2012). Criminal Procedure (8th ed.). Thomson Wadsworth. ISBN 978-0-495-91335-1.
- Sack, Kevin (27 March 1991). "Ruling Forces New York to Release Or Arraign Suspects in 24 Hours". The New York Times. Archived from the original on 18 June 2017.
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991)
- California Basic Practice Handbook. Regents of the University of California. November 2016. p. 6–11. ISBN 9780762624676.
- "Steps in a Prosecution, Monroe County Prosecuting Attorney". Archived from the original on 9 October 2017.
- In some jurisdictions the wording of the arraignment is set by statute or court practice direction.
- In Queensland, Australia, this matter is covered by statute. See s601 of the Queensland Criminal Code.