Arraignment meaning

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...

Under paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), a defendant may, after being served with the documents containing the evidence underpinning the charge(s) but before arraignment, request the Crown Court—either orally or in writing—to dismiss the charge(s). The application may relate to any or all of the charges in the case. The process is set out in the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, r 3.20. How to make an application to dismiss The defendant must apply in writing no later than 20 business days after service of the prosecution evidence and before they are arraigned. An application can be made to extend the time limit. The application must be served on the Crown Court officer and on every other party to the proceedings...

This Practice Note outlines the procedure to be followed in the closing phases of a Crown Court trial and at sentencing, in accordance with the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909 and the Criminal Practice Directions. For guidance on the early stages of a trial on indictment and the taking of evidence in the Crown Court, see Practice Note: Procedure during a Crown Court trial—arraignment, trial requirements and evidence. Closing speeches at the end of the evidence: prosecution and defence Once the evidence has concluded, the prosecutor may make a final address where: the defendant is legally represented the defendant has called at least one witness, other than the defendant, to give live factual evidence or the court grants permission A closing speech should aid the jury in comprehending the prosecution’s case and should not aim to entertain or otherwise dramatise it. In R v Solloway, prosecuting counsel, in closing, recounted the incident as though it were a...

ARCHIVED: This Practice Note is archived and is no longer maintained. It outlines the principal revisions to the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR), introduced by the Criminal Procedure (Amendment No 2) Rules 2022, SI 2022/815, coming into force on 3 October 2022. Fresh provisions to avoid errors and uncertainty when preferring indictments at arraignment. Clarification of when a magistrates’ court may refuse to issue a summons or warrant for a private prosecution. A stipulated timeframe for courts to answer a request to state a case. Details required on costs applications in private prosecutions. Consolidation of rules concerning court officers’ authority to take statutory declarations, alongside other minor changes. For further analysis, see News Analysis: Criminal Procedure Rules (CrimPR)—update August 2022 and October 2022. Note that some amendments brought in by SI 2022/815 commenced in August 2022. For those August changes, see Practice Note: Criminal Procedure Rules (CrimPR)—update August 2022 [Archived]. Indictments CrimPR are amended to...