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Arraign meaning

What does Arraign mean?
To arraign is to call a defendant before a criminal court, present the indictment (or charge) in open court and require the defendant to plead to each count. In England and Wales and in Northern Ireland, arraignment occurs in the Crown Court on an indictment, usually at the Plea and Trial Preparation Hearing. The indictment is put, the defendant pleads guilty or not guilty (or is treated as pleading not guilty if silent), and the court then lists for sentence or trial. The practice is rooted in common law and court rules rather than a single statutory definition. In Ireland, arraignment is likewise taken on indictment in the Circuit Criminal Court or Central Criminal Court, with pleas entered to each count in open court. In Scotland, the equivalent step is when the indictment is called and the accused is asked to plead at the first diet in the High Court of Justiciary or Sheriff Court. “Arraignment” is not the usual statutory term; procedure is governed by the Criminal Procedure (Scotland) Act 1995. Key features: occurs in open court; identity and representation are confirmed; fitness to plead is addressed first; a guilty plea leads to sentencing, a not guilty plea triggers trial preparation...
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NEWS
R v Layden: failure to arraign within two months under CAA 1968 s 8 does not invalidate retrial; Crown Court retains jurisdiction; R v Llewellyn overruled (England and Wales)

Background R v Layden [2025] UKSC 12. Under CAA 1968, s 7(1), if the Court of Appeal allows an appeal against a conviction, it may direct that the defendant be tried again where the court considers this to be required in the interests of justice. CAA 1968, s 8 provides additional rules and associated procedural requirements for any retrial, including, in particular, that the defendant must be proceeded against on a fresh indictment (a document that sets out the charges) and that, absent the leave of the Court of Appeal, arraignment cannot occur after two months have elapsed from the date of the retrial order. Arraignment is the court procedure by which the defendant is identified, the indictment is read to them, they are asked to plead guilty or not guilty, and the plea is recorded. Section 8 then supplies a process enabling the prosecution to apply to the Court of Appeal for permission to arraign outside the two-month limit, and permitting the defence to seek to have the...

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