Editing Arraignment (section)

== By country ==

=== Australia ===
In the [[Australian legal system]], arraignment is the first stage in a criminal trial.<ref>{{Cite web | url = https://www.countycourt.vic.gov.au/files/documents/2018-08/factsheet-6-criminal-trial-process.pdf | title = Criminal Trial Process | publisher = County Court of Victoria, Victoria | access-date = 2024-06-20}}</ref> The [[indictment]] is read to the defendant, who is asked to plead guilty or not guilty. Arraignment procedures vary somewhat among jurisdictions. In [[New South Wales]], the arraignment takes place before the judge only.<ref>{{Cite web | url = https://www.odpp.nsw.gov.au/prosecution-guidance/steps-in-the-prosecution-process/Matter-goes-to-the-District-or-Supreme-Court | title = Matter goes to the District or Supreme Court | publisher = Office of the Director of Public Prosecutions, New South Wales | access-date = 2024-05-16}}</ref> In [[South Australia]]n practice, the jury hears the arraignment.<ref>{{Cite book | url = https://www.researchgate.net/publication/238791665 | title = Practices, policies and procedures that influence juror satisfaction in Australia | page = 45 | author-first = Jane | author-last = Goodman-Delahunty | year = 2008 | publisher = Australian Institute of Criminology | isbn =  9781921185670}}</ref> In [[Queensland]] the indictment is read to the defendant by the [[judge's associate]] prior to the empanelling of the jury.<ref>{{Cite web | url = https://www.courts.qld.gov.au/__data/assets/pdf_file/0017/86003/sd-bb-4-trial-procedure.pdf | title = Benchbook - Trial Procedure | date = June 2021 | access-date = 2024-05-16 | publisher = Queensland Courts}}</ref>

=== Canada ===
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.<ref>{{Cite web |title=Court Appearances Before the Trial - Province of British Columbia |url=https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/understanding-criminal-justice/how-works/court-hearings/court-appearances-before-the-trial |access-date=2023-10-02 |website=www2.gov.bc.ca}}</ref>

=== France ===
In [[Law of France|France]], the general rule is that one cannot remain in [[Law enforcement in France|police]] custody for more than 24 hours from the time of their [[arrest]].<ref name=fti-france>{{cite web|title=CRIMINAL PROCEEDINGS AND DEFENCE RIGHTS IN FRANCE|publisher=[[Fair Trials International]]|url=http://www.fairtrials.org/wp-content/uploads/France-advice-note.pdf |archive-url=https://ghostarchive.org/archive/20221009/http://www.fairtrials.org/wp-content/uploads/France-advice-note.pdf |archive-date=2022-10-09 |url-status=live}}</ref> 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 in France|terrorism]], [[Illegal drug trade|drug trafficking]], or [[Milieu (organized crime in France)|organised crime]].<ref name=fti-france/> The police need to have the consent of the prosecutor, the ''procureur''.<ref>{{Cite web |last=McCulloch |first=Brian |date=2024-01-03 |title=Explainer: How criminal courts and jury service work in France |url=https://www.connexionfrance.com/practical/explainer-how-criminal-courts-and-jury-service-work-in-france/612380 |access-date=2025-03-28 |website=www.connexionfrance.com |language=en-GB}}</ref> In the vast majority of cases, the prosecutor will consent.<ref name=fti-france/> <!-- Does that constitute an arraigment? -->

=== Germany ===
In [[Law of Germany|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.<ref name=fti-germany>{{cite web|title=CRIMINAL PROCEEDINGS AND DEFENCE RIGHTS IN GERMANY|publisher=[[Fair Trials International]]|url=http://www.fairtrials.org/wp-content/uploads/Germany-advice-note.pdf |archive-url=https://ghostarchive.org/archive/20221009/http://www.fairtrials.org/wp-content/uploads/Germany-advice-note.pdf |archive-date=2022-10-09 |url-status=live}}</ref>

=== New Zealand ===
Under [[Law of New Zealand|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. The response of "no plea" allows the defendant to get legal advice on the plea, which must be made on the second appearance.<ref>{{Cite web|url=http://www.howtolaw.co/facing-criminal-charges-392160|title = Facing criminal charges from How to Law}}</ref>

=== South Africa ===
{{unreferenced section|date=June 2023}}
In [[Law of South Africa|South Africa]], 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.

=== United Kingdom ===
In [[English law|England]], [[Welsh law|Wales]], and [[Law of Northern Ireland|Northern Ireland]], 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 [[Law enforcement in the United Kingdom|police]] cannot legally detain anyone for more than 24 hours without charging them, unless an officer with the [[Police ranks of the United Kingdom|rank]] of superintendent (or above) authorises detention for a further 12 hours (i.e., 36 hours total), or a judge (who will be a [[Magistrate (England and Wales)|magistrate]]) authorises detention by the police before charge for up to a maximum of 96 hours; for [[Terrorism in the United Kingdom|terrorism]]-related offences a person can be held by the police for up to 28 days before charge.<ref name=fti-england-wales>{{cite web|title=Criminal Proceedings and Defence Rights in England and Wales|publisher=[[Fair Trials International]]|url=http://www.fairtrials.org/wp-content/uploads/Criminal-Proceedings-and-Defence-Rights-in-England-and-Wales-Aug-2013.pdf |archive-url=https://ghostarchive.org/archive/20221009/http://www.fairtrials.org/wp-content/uploads/Criminal-Proceedings-and-Defence-Rights-in-England-and-Wales-Aug-2013.pdf |archive-date=2022-10-09 |url-status=live}}</ref> If they are not released after being charged, they should be brought before a court as soon as practicable.<ref name=fti-england-wales/>

In [[Scots law|Scotland]], the police cannot detain anyone for more than 12 hours without charging them unless an officer of the rank of superintendent (or above) authorises detention for a further 12 hours (i.e., up to 24 hours in total); for terrorism-related offences a person can be held by the police for up to 14 days before charge.<ref name=fti-scotland>{{cite web|title=Criminal Proceedings and Defence Rights in Scotland|publisher=[[Fair Trials International]]|url=http://www.fairtrials.org/wp-content/uploads/Criminal-Proceedings-and-Defence-Rights-in-Scotland.pdf}}</ref> If they are not released after being charged, they should be brought before a court as soon as practicable.<ref name=fti-scotland/>

=== United States ===
The [[Sixth Amendment to the United States Constitution]] grants criminal defendants the right to be notified of the charges against them. Under the [[Law of the United States|United States]]' [[Federal Rules of Criminal Procedure]], arraignment shall consist of an open reading of the indictment (and delivery of a copy) to the defendant, and a call for them to plead.<ref>Rule {{frcrp|10}} – via [[Cornell Law School]]</ref>

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, or within 72 hours if the individual was arrested on the weekend and not able to go before a judge until Monday.<ref>{{cite book |title=Criminal Procedure |publisher=Thomson Wadsworth |year=2012 |edition=8th |first=Joel |last=Samaha |isbn=978-0-495-91335-1 }}</ref> 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 in the United States|bail]]. During the second stage, the post-indictment arraignment, the defendant is allowed to enter a plea.

In [[New York (state)|New York]], a person arrested without a warrant and kept in custody must be brought before a local criminal court for arraignment "without unnecessary delay".<ref>NYS Criminal Procedure Law § 140.20(1).</ref> A delay of more than 24 hours is [[wikt:rebut#Verb|rebuttably]] presumed to be unnecessary.<ref>''People ex rel. Maxian on Behalf of Roundtree v. Brown,'' 77 N.Y.2d 422, 570 N.E.2d 223 (1991).</ref>

In [[California]], arraignments must be conducted without unnecessary delay and, in any event, within 48 hours of arrest, excluding weekends and holidays.<ref name=riverside>[[County of Riverside v. McLaughlin]], 500 U.S. 44 (1991)</ref><ref>{{Cite web|url=http://www.spolinlaw.com/blog/2016/08/16/los-angeles-criminal-court-arraignments/|title=Los Angeles Criminal Court Arraignments {{!}} Spolin Law P.C.|website=spolinlaw.com|date=16 August 2016|access-date=2016-12-03}}</ref>