Arraign - Definition - Law Dictionary Home Dictionary Definition arraign

Definition :

Arraign [fr. arraisonner, aresner, aregnir, arraigner, Old Fr., i.e., ad rationem ponere, Lat., to call one to account], to bring a prisoner to the bar of the Court to answer the matter charged upon him in the indictment. The arraignment of a prisoner consists of calling upon him by name, reading to him the indictment, demanding of him whether he be guilty or not guilty, and entering his plea. The pleas upon arraignment are either the general issue, i.e., not guilty, or a plea in abatement or in bar, or the prisoner may demur to the indictment, or he may confess the fact, upon which the Court proceeds immediately to judgment. But, if the prisoner 'shall stand mute or malice, or will not answer directly to the indictment or information,' the Court, if it shall so think fit, may 'order the proper officer to enter a plea of 'not guilty' on behalf of such a person, and the plea so entered shall have the same force and effect as if the person had so pleaded the same.'-Crim. Law Act,1827 (7 & 8 Geo. 4, c. 28). If the person stands mute by visitation of Gold, he can be treated as though insane, R. v. Stafford Prison (Governor), (1909) 2 KB 81.