Making your way through the court process is stressful and confusing. Words such as “indictment”, “empanelment”, “affirmation”, and “arraignment” might be commonplace in a courtroom, but you’ll never hear them in a normal conversation. It’s no wonder there are whole dictionaries devoted to legal terms alone.
What is an arraignment?
The word “arraignment” refers to an important step in the court process for more serious offences. Put simply, the arraignment is when an accused person appears before the court and states whether they will plead guilty or not guilty to the criminal offences that they have been charged with.
This step is very important for two reasons. Firstly, it transfers responsibility of the case from the prosecutor to the court, and secondly, it ensures that the court knows whether to proceed to a trial by jury or to a sentencing hearing before a judge.
Transferring responsibility to the court
The criminal charges that will go before the court are outlined in a document known as an indictment, which is prepared by the prosecutor. Before the arraignment, the wording on the indictment and the specific criminal charges can be negotiated between the defence and the prosecutor. However, the arraignment “locks in” those charges and gives the court responsibility for dealing with the case.
Proceeding to trial or sentence
As part of “locking in” the charges on the indictment, the accused must tell the court whether they plead guilty or not guilty to those charges. Once the court knows the accused’s position, the judge makes orders to arrange a sentencing hearing or a trial.
Arraignment procedure
Arraignments only occur before the District Court or the Supreme Court, which deal with serious offences. Arraignments do not occur in the Local Court.
The accused must attend an arraignment either in person or by Audio Visual Link (AVL). It is important to the court that the accused is aware of the charges they are facing and has determined how they would like to plea.
During the arraignment, the judge will instruct their associate to read the indictment which will outline the charges. The accused will then be asked whether they wish to plead guilty or not guilty.
In some cases, a second arraignment will occur in front of a jury. This only occurs if in the first arraignment the accused pleaded not guilty and then there were legal arguments about the trial procedure which required a decision from the judge. In that case, when the jury enter the court (known as “empanelment”), the arraignment process must be repeated.
What if I change my mind?
After an arraignment, it is still possible for the accused to change their plea. This is called “plea traversal”.
If the accused has pleaded not guilty and their trial by jury has commenced, they can change their plea and instead be sentenced by a judge. This does not require another arraignment.
If the accused has pleaded guilty and their sentence proceedings have commenced, they may also plead not guilty, in which case they will be arraigned and face trial by a jury.
How can we help you?
Making the right decision about how to plead at an arraignment is crucial to secure the best possible outcome in court, whether that’s a verdict of not guilty or a more lenient sentence.
Criminal law is complex, and it can be easy to make a mistake without the right legal assistance.
Nyman Gibson Miralis can provide you with expert advice and representation throughout all stages of your criminal case, from the moment you are charged through to the arraignment, trial or sentencing, and the finalisation of the case.
Contact us if you require assistance.
