Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, in some jurisdictions, the accused is expected to enter a plea; in other jurisdictions, no plea is required. Acceptable pleas vary among jurisdictions, but they generally include guilty, not guilty, and the peremptory pleas, or pleas in bar, setting out reasons why a trial cannot proceed. Pleas of nolo contendere ('no contest') and the Alford plea are allowed in some circumstances.
By country
Australia
In Australia, arraignment is the first of 11 stages in a criminal trial, and involves the clerk of the court reading out the indictment. The judge will testify during the indictment process.
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.
France
In France, the general rule is that one cannot remain in police custody for more than 24 hours from the time of the arrest. 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, drug trafficking or organised crime. The police need to have the consent of the prosecutor, the procureur. In the vast majority of cases, the prosecutor will consent.
Germany
In 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.
New Zealand
In 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.
South Africa
In 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 England, Wales, and 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 police cannot legally detain anyone for more than 24 hours without charging them unless an officer with the 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) authorises detention by the police before charge for up to a maximum of 96 hours; for terrorism-related offences a person can be held by the police for up to 28 days before charge. If they are not released after being charged, they should be brought before a court as soon as practicable.
In 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. If they are not released after being charged, they should be brought before a court as soon as practicable.
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 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.
In 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, within 72 hours if the individual was arrested on the weekend and not able to go before a judge until Monday. During this stage, the defendant is informed of the pending legal charges and is informed of his or her right to retain counsel. The presiding judge also decides at what amount, if any, to set bail. During the second stage, the post-indictment arraignment, the defendant is allowed to enter a plea.
In 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". A delay of more than 24 hours is rebuttably presumed to be unnecessary.