Criminal Law
Arraignment
Arraignment is the formal process of bringing an accused before a court, reading the charge, and recording their plea. It marks the beginning of the trial proper.
Legal Definition
The formal procedure in a criminal trial where the charge sheet is read to the accused and they are asked to plead. It establishes the legal foundation for the trial and ensures the accused knows and understands the charge(s) against them.
📖 Constitutional / Statutory Basis: Section 35(3)(a) (right to be informed of charges), Constitution of the Republic of South Africa, 1996; Criminal Procedure Act 51 of 1977
Practical Example
At your first court appearance after arrest, the prosecutor reads the charges. You are asked to plead — this is arraignment.
Frequently Asked Questions
What happens if the accused refuses to plead?
The court enters a plea of not guilty on the accused's behalf under s106(4) CPA, and the trial proceeds.
Can charges be changed after arraignment?
Yes. The prosecutor can apply to amend or add charges at any stage before judgment, provided no prejudice results to the accused.
Is arraignment the same as a first appearance?
Related but distinct. A first appearance deals with bail and remand. Arraignment is specifically about the charge and plea.
Related Terms
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