ARRAIGNMENT (NSW)

Arraignment is the term to describe the pre-trial procedure where charges on an indictment are read aloud to the accused and the accused is required to formally enter a plea to each charge on the indictment. The Criminal Procedure Act 1986 contains the relevant provisions on the arraignment procedure. 

When Does Arraignment Occur:

The arraignment procedure only applies to indictable offences and does not occur for summary offences or indictable matters dealt with summarily in the Local Court.  

Arraignment will proceed once the charges have been certified and the matter has been committed from the Local Court to either the District or Supreme Court. 

There will be no arraignment where a question has arisen as to the accused’s fitness to stand trial, there is an application to stay, quash or demur the indictment or the Court permits time before requiring a plea to the indictment. 

What Happens During an Arraignment:

The accused will usually be brought forward from the galleries and placed in the dock unless permitted otherwise by the Judge according to Section 34 of the Act.

The Judge’s Associate will read the charges and details of the allegations individually and the accused is required to enter a plea of either guilty or not guilty before the Associate moves on to the next sequence. 

If the accused pleads not guilty to the charge/s the matter will be set down for trial.

If the accused enters a plea of guilty to any of the charges at arraignment, then the matter will be either adjourned for sentence following the trial for any matters that they have pleaded not guilty to or otherwise the matter will be listed for sentence.

If the accused refuses to enter a plea of guilty or not guilty, or “stands mute” (does not say anything), the court has the power to enter a plea of not guilty on behalf of the accused and the plea will have the same effect as if the accused had themselves entered the plea.