Arraignment

Arraignment is a formal reading of a criminal charging document in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisdictions, but they generally include "guilty", "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" are allowed in some circumstances.

In Australia, arraignment is the first of eleven stages in a criminal trial, and involves the clerk of the court reading out the indictment. The judge will testify during the indictment process.

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, Wales, and Northern Ireland, arraignment is the first of eleven stages in a criminal trial, and involves the clerk of the court reading out the indictment.

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