Arraignment is the point at which the charge is formally put and the accused answers it. The Criminal Practice Rules 2022 build several important steps around that moment.
Presentation, then plea
- The indictment is presented. In prosecutions by the Public Prosecutor the charging instrument is an indictment, set out in Form 13; for a private prosecutor under section 616 of the Criminal Code Act (Chapter 262) it is an information, set out in Form 14.
- The accused is arraigned — the count or counts are put.
- The accused pleads. Order 10 Rule 1 requires the order on verdict to record the plea of the accused as well as the charges and the verdict, so the plea is part of the formal record.
Two applications must be made after presentation of the indictment or information, and before pleading to the charge —
Quashing the indictment — Order 2 Rule 17: an application under s 534(2) or s 558 of the Code, which may be made orally or by notice of motion, the notice stating the grounds.
Demurrer — Order 2 Rule 18: an accused who intends to demur under s 567 of the Code shall, if directed by a Judge in accordance with s 560(1), orally indicate their intention, either personally or through their lawyer, and then file and serve a demurrer in Form 15 supported by an affidavit of the accused and stating the grounds.
See indictments. Once the plea is entered, that window has closed.
Counts and alternatives
Charges shall be described as “Counts” and, if more than one, numbered consecutively beginning with the number 1.
When an alternative charge is expressly pleaded it shall be described as such and clearly indicate the count in respect of which it is an alternative.
The accused therefore pleads to each numbered count, knowing which counts are alternatives to which.
Rule 15(3): an application to amend an indictment on a trial may be made orally or, if directed by the Court by notice of motion supported, if appropriate, by affidavit, and determined in accordance with s 535 of the Code.
Two paths
| Guilty plea | Not guilty plea | |
|---|---|---|
| Next step | Conviction, then sentence under Order 11 | The matter proceeds to trial |
| Pre-trial review | Not required | Required — Order 6 Rule 1: in cases where the accused has indicated a plea of not guilty will be entered, the Court will conduct a preliminary hearing called a “pre-trial review” |
| Antecedents | Prosecutor notifies prior convictions immediately after pronouncement of the verdict by reference to the antecedents report — O 11 r 1 | Arises only on conviction |
| Allocutus | Administered after presentation of the antecedents report and before counsel make submissions — O 11 r 2(4) | Arises only on conviction |
Order 11 Rule 2(2): the practice of administering the allocutus immediately after convicting an offender who has pleaded not guilty to a charge should be avoided unless this is done with the express consent of the offender and their lawyer.
And Rule 2(1): the allocutus should not be administered until a reasonable time has passed after the time of conviction. Rule 2(5) adds that these are guidelines only and failure to adhere to them does not necessarily invalidate the sentence that is passed.
Order 7 Division 4
Rule 7(1): where the State has conveyed its intention to offer no evidence, the matter shall be set down for trial and an indictment shall be presented and the accused shall be arraigned, and if the accused enters a not guilty plea, the prosecutor shall formally notify the Court that no evidence is offered, giving brief reasons — oral notification and reasons being sufficient unless the Judge directs otherwise.
(2) The Court shall then indicate whether the approach of the State is acceptable.
(3) If not acceptable, the Court shall make such orders as are considered necessary or appropriate, in the interests of justice, to progress the matter.
(4) If acceptable, the Court shall ask the defence counsel for their response, and if a no-case submission is made, shall hear and determine that submission forthwith and make such orders as are necessary or appropriate, including entering a verdict of not guilty.
Order 7 Division 2 — a declaration under section 525 of the Code that the State declines to lay a charge, and the order of the Court after that declaration is filed.
Order 7 Division 3 — nolle prosequi: informing the Court under section 527 that an indictment will not be proceeded with, and the order of the Court after being so informed.
Order 10 Rule 1
As soon as practicable after pronouncing the verdict, the Judge shall cause to be entered an order in Form 61 giving details of the charge(s); the plea of the accused; the verdict in respect of each charge, expressed as either “guilty” or “not guilty”; and, on a guilty verdict, whether pre-sentence or other reports are requested, whether the offender is remanded in custody, and whether bail pending sentence is granted.
On a not guilty verdict the order records that the accused is discharged from the charge in accordance with section 591 of the Code, and deals with release from custody, discharge from bail obligations, and refund of any cash bail or other surety.
Sources
- Criminal Practice Rules 2022 — O 2 rr 13–18; O 6 r 1; O 7 Divs 2–4; O 10 rr 1–4; O 11 rr 1, 2; Forms 13–15, 61
- Criminal Code Act (Chapter 262) — ss 525, 527, 534(2), 535, 558, 560(1), 567, 591, 593, 616
The PacLII page for the Criminal Code Act (Chapter 262) is a landing page; the consolidated text is not reproduced there in HTML.
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.