Arraignment hearing
An arraignment is usually the hearing where you plead guilty or not guilty to the criminal charge. You are asked to confirm your name and the charges will be read out before you are asked how you plead.
You can be arraigned at your initial appearance or any subsequent court appearance, or at the start of your trial. This means that arraignment does not always happen at a separate hearing. For a jury trial, you must be arraigned in front of the jurors.
If you plead guilty
If you elect to plead guilty, you will be asked:
If you are making the plea voluntarily
if you understand you are admitting to the essential elements of the offence
If you understand the nature and consequences of your plea
If you understand that the judge is not bound by any agreement you have with Crown counsel<p>Independent lawyers with the federal or provincial prosecution service. Crown counsel do not represent the government, police or victim of crime. Rather, they perform their function on behalf of the public. Crown counsel may also be referred to as Crown, Crown prosecutors or prosecutors.</p>
If you plead guilty the case will go to a sentencing hearing instead of a trial.
If you plead not guilty
If you plead not guilty, a trial date will be set. If the offence you are charged with is a hybrid offence, the Crown will declare at the arraignment hearing whether they are proceeding summarily or by indictment.
Electing how you will be tried
Depending on what you are charged with and whether the Crown is proceeding summarily or by indictment, you may be asked how you “elect” or choose to be tried.
Summary proceedings
If you are charged with a summary offence or the Crown proceeds summarily, your trial will take place in Provincial Court. You do not have a choice.
Proceedings by indictment
If you are charged with an indictable offence or the Crown proceeds by indictment, you will have 3 options:
Trial in the Provincial Court in front of a judge
Trial in the BC Supreme Court in front of a judge
Trial in the BC Supreme Court in front of a judge and jury
For a few charges like murder, there is no choice, the trial must be held in the BC Supreme Court.
If your matter is set for a Supreme Court trial and the offence is punishable by at least 14 years or more in prison, you will also have the option of scheduling a preliminary inquiry. If you choose a jury trial, there will be a jury selection before the trial starts.
Other things discussed
Other things that are usually discussed at an arraignment hearing are:
Whether the Crown counsel<p>Independent lawyers with the federal or provincial prosecution service. Crown counsel do not represent the government, police or victim of crime. Rather, they perform their function on behalf of the public. Crown counsel may also be referred to as Crown, Crown prosecutors or prosecutors.</p> has made full disclosure (given you all of the evidence that they are required to give you about your case)
The number of police, expert, and other witnesses that Crown counsel<p>Independent lawyers with the federal or provincial prosecution service. Crown counsel do not represent the government, police or victim of crime. Rather, they perform their function on behalf of the public. Crown counsel may also be referred to as Crown, Crown prosecutors or prosecutors.</p> intends to call if your case goes to trial
How much time Crown counsel<p>Independent lawyers with the federal or provincial prosecution service. Crown counsel do not represent the government, police or victim of crime. Rather, they perform their function on behalf of the public. Crown counsel may also be referred to as Crown, Crown prosecutors or prosecutors.</p> will need to present their case
Whether an interpreter is required
This page was printed from:
https://provincialcourt.bc.ca/navigating-court-case/criminal-adult-and-youth/steps-criminal-case/arraignment-hearing