Frequently Asked Questions

Q: What is an arraignment?

When an accused is placed at the dock, and he or she is asked to confirm that they are named in the indictment, and with the indictment read out, the accused will then be asked to plead, and this process is known as arraignment. Generally speaking, the arraignment of an accused usually signifies the beginning of the trial.

There are a number of associated procedural requirements attached with the arraignment process that can have drastic ramifications. For example, if the clerk states a charge incorrectly, it could be the basis for a new trial, as was the case in Day v The Queen(1995) 81 A Crim R 60 (WA CCA).



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