Arraignment ⢠Arraignment usually takes place at the Plea and Case ...
Arraignment •
Arraignment usually takes place at the Plea and Case Management Hearing (“PCMH”)
•
Defendant brought into Dock ◦ if anticipated will plead Not Guilty to all counts – people from whom jury will be selected may be allowed to sit at back of court to hear ◦ if any possibility will plead Not Guilty to one count and Guilty to another – jury should be kept out
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Clerk will read charges to Defendant ◦ ie. [Defendant] You are charged on indictment on...counts. The first count charges you [Defendant] with....contrary to.....The particulars of the offence are that...., do you plead guilty or not guilty?
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If Defendant intending to plead Guilty to one of alternative counts, advisable to tell Court in advance, so Guilty count can be put to him first.
Not Guilty Plea & Offering No Evidence/Leaving Counts on File •
Not Guilty plea – should be made by Defendant personally (not rep)
•
Puts entire Prosecution case in issue and requires Prosecution to negative any case put forward by Defendant.
•
Next step: empanel the jury
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Unless Prosecution does not wish to proceed on counts Defendant pleaded Not Guilty to.
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Prosecution may: ◦ tell Judge he proposes to offer no evidence on a count – Judge then order that a verdict of Not Guilty be entered (equivalent to acquittal) ◦ ask that the counts be left on file marked not to be proceeded with without leave of Crown Court or Court of Appeal
•
Offer no evidence: When Prosecution think Defendant ought not to be convicted of offence (eg. on evidence discovered since sent to Crown Court)
•
Leave on file: Where Prosecution choose not to proceed with Not Guilty-plea charges as waste of time/money in light of Guilty-plea charges. ◦ Prevents Defendant actually being acquitted of offence. ◦ If Court of Appeal subsequently set aside convictions on Guilty-plea counts, may give Prosecution leave to proceed with counts left on file.
•
Where Prosecution and Defendant cannot agree on what to do with Not Guilty-counts (and Prosecution do not wish to prosecute them), Trial Judge decides whether to acquit or leave on file.
•
No appeal from order that charge should lie on file.
Guilty Plea •
If Defendant pleads Guilty – Judge should proceed to sentence wherever possible.
•
Guilty Plea must be made by Defendant personally
◦ if made by rep – plea is a nullity •
Court then: ◦ proceeds straight to sentence (wherever possible), or ◦ adjourns for preparation of reports.
•
If Guilty-plea to one count and Not Guilty-pleas to other counts, postpone sentencing until Not Guilty-plea counts determined.
•
If Guilty-plea and Co-Defendant pleads Not Guilty – adjourn case of Guilty-plea to be sentenced after trial of Co-Defendant
Plea of “autrefois acquit” and “autrefois convict” •
If Defendant contends that he has already been acquitted/convicted of the offence, can plead “autrefois”
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If raised successfully, this is a bar to all further proceedings on that count.
•
Plea made in writing, signed by Defence advocate on Defendant's behalf.
•
If Defendant unrepresented, can make plea orally.
•
Plea should be made at arraignment, but court has discretion to allow at any point in trial.
•
If Prosecution do not accept plea - “join issue” through a written “replication”
•
CJA 1988 – Where Defendant pleads autrefois – it is for the judge to decide the issue.
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If plea fails, indictment proceeds in normal way and Defendant's right to plead Guilty or Not Guilty is unaffected.
Plea of Pardon •
Pardons – exercise of RP, granted by R, on advice of Home Secretary
•
Effect: Defendant freed from consequences which would normally result from crime he allegedly committed.
•
Now, only granted after conviction and sentence where normal appeals exhausted or probably would have been unsuccessful.
•
Pardon does not affect conviction but all adverse consequences flowing from it are removed.
Equivocal Pleas Rule: Plea by Defendant must be “unequivocal” - clear and unambiguous If Guilty plea, Court may convict Defendant without hearing evidence if “satisfied plea represents a clear acknowledgement of guilt” (Crim PR, r37.7) 3 situations where plea may be regarded as “equivocal”: •
When pleading Guilty – Defendant immediately qualifies plea with words which amount to a defence
•
Ms should explain law to Defendant, then ask to plead again ◦ if Ms do not enquire, Defendant may challenge validity on appeal
•
If plea still equivocal – record plea as Not Guilty
Arraignment usually takes place at the Plea and Case Management Hearing (“PCMH”)
•
Defendant brought into Dock ◦ if anticipated will plead Not Guilty to all counts – people from whom jury will be selected may be allowed to sit at back of court to hear ◦ if any possibility will plead Not Guilty to one count and Guilty to another – jury should be kept out
•
Clerk will read charges to Defendant ◦ ie. [Defendant] You are charged on indictment on...counts. The first count charges you [Defendant] with....contrary to.....The particulars of the offence are that...., do you plead guilty or not guilty?
•
If Defendant intending to plead Guilty to one of alternative counts, advisable to tell Court in advance, so Guilty count can be put to him first.
Not Guilty Plea & Offering No Evidence/Leaving Counts on File •
Not Guilty plea – should be made by Defendant personally (not rep)
•
Puts entire Prosecution case in issue and requires Prosecution to negative any case put forward by Defendant.
•
Next step: empanel the jury
•
Unless Prosecution does not wish to proceed on counts Defendant pleaded Not Guilty to.
•
Prosecution may: ◦ tell Judge he proposes to offer no evidence on a count – Judge then order that a verdict of Not Guilty be entered (equivalent to acquittal) ◦ ask that the counts be left on file marked not to be proceeded with without leave of Crown Court or Court of Appeal
•
Offer no evidence: When Prosecution think Defendant ought not to be convicted of offence (eg. on evidence discovered since sent to Crown Court)
•
Leave on file: Where Prosecution choose not to proceed with Not Guilty-plea charges as waste of time/money in light of Guilty-plea charges. ◦ Prevents Defendant actually being acquitted of offence. ◦ If Court of Appeal subsequently set aside convictions on Guilty-plea counts, may give Prosecution leave to proceed with counts left on file.
•
Where Prosecution and Defendant cannot agree on what to do with Not Guilty-counts (and Prosecution do not wish to prosecute them), Trial Judge decides whether to acquit or leave on file.
•
No appeal from order that charge should lie on file.
Guilty Plea •
If Defendant pleads Guilty – Judge should proceed to sentence wherever possible.
•
Guilty Plea must be made by Defendant personally
◦ if made by rep – plea is a nullity •
Court then: ◦ proceeds straight to sentence (wherever possible), or ◦ adjourns for preparation of reports.
•
If Guilty-plea to one count and Not Guilty-pleas to other counts, postpone sentencing until Not Guilty-plea counts determined.
•
If Guilty-plea and Co-Defendant pleads Not Guilty – adjourn case of Guilty-plea to be sentenced after trial of Co-Defendant
Plea of “autrefois acquit” and “autrefois convict” •
If Defendant contends that he has already been acquitted/convicted of the offence, can plead “autrefois”
•
If raised successfully, this is a bar to all further proceedings on that count.
•
Plea made in writing, signed by Defence advocate on Defendant's behalf.
•
If Defendant unrepresented, can make plea orally.
•
Plea should be made at arraignment, but court has discretion to allow at any point in trial.
•
If Prosecution do not accept plea - “join issue” through a written “replication”
•
CJA 1988 – Where Defendant pleads autrefois – it is for the judge to decide the issue.
•
If plea fails, indictment proceeds in normal way and Defendant's right to plead Guilty or Not Guilty is unaffected.
Plea of Pardon •
Pardons – exercise of RP, granted by R, on advice of Home Secretary
•
Effect: Defendant freed from consequences which would normally result from crime he allegedly committed.
•
Now, only granted after conviction and sentence where normal appeals exhausted or probably would have been unsuccessful.
•
Pardon does not affect conviction but all adverse consequences flowing from it are removed.
Equivocal Pleas Rule: Plea by Defendant must be “unequivocal” - clear and unambiguous If Guilty plea, Court may convict Defendant without hearing evidence if “satisfied plea represents a clear acknowledgement of guilt” (Crim PR, r37.7) 3 situations where plea may be regarded as “equivocal”: •
When pleading Guilty – Defendant immediately qualifies plea with words which amount to a defence
•
Ms should explain law to Defendant, then ask to plead again ◦ if Ms do not enquire, Defendant may challenge validity on appeal
•
If plea still equivocal – record plea as Not Guilty
