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The arraignment

Every person who is committed for trial or sentence for an indictable offence is remanded (put in either in custody or released on bail), to await trial or sentence [Criminal Procedure Act 1921 (SA) s 120(2)]. They are remanded until they appear before the District Court or the Supreme Court to be arraigned (formally charged in the superior Court with the offence), on the next arraignment day.

In the superior Court the defendant is referred to as the accused.

In the Supreme and District Courts, all accused must attend to be arraigned in person and, when the charge is read, plead either guilty or not guilty (unless fitness to plea is raised which would be dealt with at a directions hearing).

Accused people pleading guilty may be sentenced on that day, however a later date will usually be set for submissions on sentence [see rule 9(3) Supreme Court Criminal Supplementary Rules 2014 (SA)].

Accused who plead not guilty are remanded and a date for either trial or a disputed facts hearing (at the first directions hearing) will be set [see rule 11 Supreme Court Criminal Supplementary Rules 2014]. Cases should come to trial or be otherwise resolved within 12 months after the first arraignment [see rule 10 Supreme Court Criminal Supplementary Rules 2014 (SA)].

First appearance in Court  :  Last Revised: Wed Feb 28th 2018
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