Arraignment in UK criminal courts explained

When you are charged with a crime in the UK, you will appear in court and be formally told what the charge is. This moment is called arraignment. It is the first time the court officially presents the facts against you and asks how you plead. This guide explains what happens, when, and what your choices mean.

The short version

Arraignment is the formal charging moment in court. In a magistrates' court, it happens at your first hearing. In Crown Court, it happens at a hearing called a Plea and Trial Preparation Hearing (PTPH). The court reads out the charge. You enter a plea: guilty, not guilty, or (rarely) no plea. Your answer has major consequences for what happens next: guilty means no trial, not guilty means preparation for trial, and no plea is complex and unusual. You can change your plea later, but guilty pleas entered early earn a larger sentencing reduction.

At a glance

What arraignment is

Arraignment is a formal court hearing where three things happen:

1. The charge is read to you. In magistrates' court, it is brief: "You are charged that on [date] you [offence]." In Crown Court, the charge is part of a document called an indictment, and it is read aloud in court.

2. You are asked to enter a plea. The magistrate or judge asks you directly: "How do you plead to this charge?" Your answer goes on the court record and commits you to a path through the criminal justice system.

3. The court records your answer and sets the timetable. If you plead guilty, sentencing is the next step. If you plead not guilty, the court sets dates for trial preparation and trial.

Arraignment is not a trial. No evidence is heard. The prosecution does not prove anything yet. It is a procedural moment: you are told officially what you are accused of, and you state your position.

When it happens in magistrates' court

In magistrates' court (which deals with around 90 per cent of criminal cases in the UK), arraignment happens at your first hearing. Timing depends on where you were arrested:

• Arrested and held in police custody: You must be brought to court within 24 hours. This first hearing covers several things at once: bail, legal representation, and arraignment.

• Summoned to appear: You receive a letter telling you when to attend court. Arraignment happens then.

• Released on bail after arrest: Bail conditions may tell you when to appear. Arraignment happens at that hearing.

At the first hearing in magistrates' court, the magistrate will:

1. Confirm your identity.
2. Read the charge(s) to you.
3. Ask you how you plead.
4. Decide bail and set the next hearing date.

This can all happen quickly. The entire hearing may take 10 to 20 minutes. You do not need to have a lawyer to be arraigned, but having one is strongly advised because your plea is a critical decision.

When it happens in Crown Court

In Crown Court (which deals with serious offences, typically indictable crimes), arraignment happens at a hearing called the Plea and Trial Preparation Hearing (PTPH). This usually takes place weeks after the case is committed to Crown Court from magistrates' court.

At the PTPH, the judge will:

1. Verify you have received a copy of the indictment.
2. Read the indictment to you (or confirm you have heard it read).
3. Ask you to enter a plea.
4. If you plead not guilty, set a trial date and timetable for preparation.

The PTPH is more formal than a magistrates' court first hearing. It is before a judge in a larger courtroom. Your solicitor or barrister will be present and will have advised you on your plea before the hearing.

Reading the indictment to the defendant

The indictment is the formal document setting out the charges against you in Crown Court. It is read aloud in court by the court clerk. The reading is slow and deliberate so the record is clear.

An indictment has:

• The court name and date.
• Your name and details.
• The charge(s). Each charge is called a "count". You might face one or several counts.
• A description of the allegation. For example: "Count 1: on 15 March 2026 at Croydon, you did steal from John Smith a wallet valued at approximately £150, contrary to the Theft Act 1968."

The indictment is worded precisely in legal language. After the reading, the judge will ask you to confirm you understand it. If you do not, the judge will explain it. You can ask questions.

Once the indictment has been read, the formal question comes: "How do you plead to count 1?"

Entering a plea: guilty

When you plead guilty, you are admitting every fact the prosecution needs to prove. You are not contesting the case. The outcome then moves straight to sentencing.

What happens after you plead guilty:

1. The prosecution outlines the facts. The prosecutor will read a summary of what you did. You have the chance to agree or correct it.

2. Your solicitor or barrister presents mitigation. They explain why you should receive a lenient sentence: your background, any hardship, remorse, early guilty plea, etc.

3. The judge sentences you. The judge decides what your punishment will be: a fine, community order, suspended sentence, prison sentence, or absolute discharge.

Consequences of a guilty plea:

• No trial. You have no chance to challenge the evidence.
• Guilty plea credit. If you plead guilty early (at the first opportunity), you can receive up to one-third reduction in your sentence. This is significant. A 12-month prison sentence might become 8 months. The credit applies only to guilty pleas, not to convictions after trial.
• You become convicted. A conviction record is created. This affects your criminal record, employment, housing, travel, and professional licences.
• Finality. You cannot appeal on the grounds of innocence. You can appeal sentence only.

When to plead guilty:

If the evidence against you is strong and you are, in fact, guilty, pleading guilty early has major advantages: you avoid trial cost and delay, you receive the sentence reduction, and you take responsibility. Your lawyer will advise you honestly on the strength of the prosecution case.

Entering a plea: not guilty

When you plead not guilty, you are saying the prosecution has not proved the case against you, or that you did not commit the offence, or that there is a legal defence (self-defence, duress, etc.). The case will go to trial.

What happens after you plead not guilty:

1. Case management directions. The judge or magistrate sets deadlines for both sides to exchange evidence, identify witnesses, and file legal arguments. In Crown Court, these dates are often in the PTPH judgment.

2. Trial preparation. Both sides prepare. The prosecution gathers evidence. Your solicitor gathers defence evidence, takes witness statements, and instructs a barrister if necessary.

3. Trial. The case is heard before a judge (magistrates' court or Crown Court for verdict) or a jury (Crown Court only). The prosecution must prove every element of the charge "beyond reasonable doubt".

4. Verdict and sentence. If you are found guilty at trial, you are sentenced. If acquitted, you are released with no conviction.

Consequences of a not guilty plea:

• Trial delay. The case will take months or years to reach trial, depending on the court and complexity.
• No guilty plea credit. If you are convicted after trial, you receive no sentence reduction.
• Cost and stress. Trial is public, emotionally demanding, and time-consuming for you, witnesses, and lawyers.
• Possibility of acquittal. You have a chance to clear your name entirely.

When to plead not guilty:

If you did not commit the offence, or if you believe the evidence is weak or there is a legal defence, pleading not guilty is right. Your lawyer will advise you whether the defence is realistic given the evidence.

Entering no plea: mute of malice versus mute by visitation of God

Very rarely, a defendant refuses to enter a plea at all. This is called being mute.

There are two categories:

Mute of malice. The defendant understands the charge and can enter a plea, but refuses to do so. They stand silent in defiance. This is rare today but was historically more common when it carried a harsh penalty.

If you are mute of malice, the court will enter a not guilty plea on your behalf. You will go to trial whether you want one or not. You lose the right to sit in silence. Your refusal to plead is noted, and the judge may take it into account at sentence (if you are convicted) as evidence of a lack of remorse.

Mute by visitation of God. The defendant cannot plead because of disability: they are deaf, unable to speak, or mentally incapable of understanding. This is compassionately handled. The court will:

1. Verify the reason for the muteness with evidence from a doctor or specialist.
2. Make arrangements for communication: a sign language interpreter, a speech therapist, written communication, or other aids.
3. Once communication is possible, take a plea in that manner.

If the defendant cannot be made to understand despite all reasonable efforts, the court may consider whether they are fit to plead (see below).

Fitness to plead: the Pritchard test and Criminal Procedure (Insanity) Act 1964

Before arraignment can happen, the court must be satisfied the defendant is fit to plead. This means you must:

1. Understand the charge against you.
2. Understand the difference between pleading guilty and not guilty.
3. Instruct your lawyer and understand their advice.
4. Follow the evidence in court.
5. Give instructions in your own defence if you wish.

This is called the Pritchard test (from the 1836 case R v Pritchard).

When fitness is tested:

The court will raise fitness of its own motion if it has concerns, or the defence or prosecution may raise it. Common reasons include:

• Severe mental illness (psychosis, severe depression, dementia).
• Significant learning disability or intellectual disorder.
• Brain injury or neurological condition.
• Severe hearing or speech impairment with no practical remedy.

What happens in a fitness hearing:

1. Evidence is heard. A psychiatrist or psychologist may give evidence about your mental state.

2. The court decides. If the court finds you are fit, arraignment proceeds normally. If unfit, the case takes a different path under the Criminal Procedure (Insanity) Act 1964.

If you are found unfit:

The court cannot arraign you or send you to trial. Instead:

1. A determination of facts hearing (not a trial) will establish whether you did the acts alleged.

2. If the acts are proved, the court may make an order:

   • Absolute discharge (release with no conditions).
   • Conditional discharge (release with conditions, e.g. supervision).
   • Hospital order (treatment in hospital).

These orders are designed to protect you and the public, not to punish. You can ask for a review of your fitness at a later date if you improve.

Plea consequences: guilty plea credit

If you plead guilty, you receive a sentence reduction. This is called guilty plea credit or credit for time spent in custody (if you have been remanded).

How much credit do you get?

The earlier you plead, the bigger the reduction:

• First opportunity (first hearing in magistrates' or PTPH in Crown Court): Up to one-third (33 per cent) reduction.
• Later, before trial is imminent: Up to one-quarter (25 per cent) reduction.
• Late plea, very close to trial: Up to one-tenth (10 per cent) reduction.
• After trial has started: Little or no credit (the court has discretion, but reduction is rare).

Example:

The guideline sentence for theft might be 12 months in prison.

• Guilty plea at first hearing: 12 months minus one-third = 8 months.
• Guilty plea a few weeks before trial: 12 months minus one-quarter = 9 months.
• Guilty plea the day before trial: 12 months minus 10 per cent = about 10.8 months.

The difference is significant. This is why your solicitor will stress the importance of pleading guilty early if the evidence is strong.

Remand time (time in custody before trial):

If you have been held in custody from arrest, that time counts toward your sentence. For example, if you spent 6 months on remand and are sentenced to 12 months in prison, you will be released after 6 more months (the "remaining" 6 months). Remand time is automatic; you do not receive it as a credit.

Plea consequences: not guilty and trial preparation

When you plead not guilty, the case moves into trial preparation. This is a long process with defined stages.

Magistrates' court:

After you plead not guilty in magistrates' court:

1. Case management. The magistrate fixes a date for trial, usually 6 to 12 weeks away.

2. Witness statements. The prosecution provides witness statements. You can request yours to be shown to witnesses.

3. Expert evidence. Any scientific or medical evidence is shared.

4. Defence disclosure. Your solicitor will tell the prosecution what evidence you will rely on.

5. Trial. The prosecution proves its case. You defend yourself (or your barrister does). The magistrate decides guilty or not guilty.

Crown Court:

If you plead not guilty in Crown Court at the PTPH:

1. Trial date is set. Usually 12 to 24 weeks from the PTPH.

2. Directions are issued. The judge sets deadlines for evidence exchange, witness lists, and legal arguments. These are strict.

3. Case conferences. Your barrister and solicitor meet with you to prepare your defence.

4. Trial. The case is heard before a judge and jury (for indictable offences). The jury decides guilty or not guilty on the evidence.

The timetable is tight. Both sides must work to deadlines. This preparation phase is where much of the work happens.

Changing a plea later

You can change your plea at any time, even after trial has started or (in rare cases) after conviction.

Changing from not guilty to guilty:

This is straightforward. If you initially plead not guilty but later want to plead guilty, you can do so. However, you will lose the guilty plea credit (or get a much smaller reduction) because you have delayed. The prosecution may have incurred trial costs, and the court may be less lenient.

If you change plea on the day trial is due to start, you will get credit only if there is a good reason for the change (e.g. new evidence, advice from counsel). Tactical late changes are rarely credited.

Changing from guilty to not guilty:

This is harder and rarer. Once you have pleaded guilty, changing your mind requires permission from the judge. You must show there was a good reason for the change (e.g. you did not understand the plea, you were pressured, new evidence has emerged). The judge has discretion to allow it or not. Permission is rare once guilty plea credit has been given and relied upon.

After trial:

If you are convicted after trial, you can appeal, but the grounds are narrow: procedural error, unreasonable verdict, or new evidence. You cannot appeal simply because you changed your mind.

If you pleaded guilty and want to challenge the conviction, you must appeal on narrow grounds, such as that the guilty plea was not entered voluntarily or you received bad legal advice.

Day to day: what arraignment feels like

Arraignment is often the first time many defendants step into a courtroom. Here is what to expect:

Appearance:

Dress neatly and respectfully. Court is formal. Remove hats and headwear. Switch off mobile phones. Stand when the judge or magistrate enters or addresses you.

Emotion:

Arraignment can feel intimidating, even if you expected it. You are the subject of the proceeding. All eyes are on you. Your answer is recorded and permanent. This is normal. Take a breath. Your lawyer is there to support you.

The moment of pleading:

The magistrate or judge will ask: "How do you plead?" Your answer should be clear and audible: "Guilty" or "Not guilty." There is no need for explanation at this point. If you are unsure, ask the judge to clarify the charge first.

After you plead:

If guilty, the case may move straight to sentencing that day or be adjourned for a pre-sentence report. If not guilty, the judge or magistrate will set the timetable and explain what happens next. A court officer or your solicitor will provide a document confirming the dates.

Your solicitor's role:

Your solicitor has advised you before the hearing on the best plea. They will stand with you (or sit near you, depending on the court). If you are confused or emotional, you can speak to them before answering. You are not alone.

Common misconceptions

"I can plead not guilty to buy time."

False. Pleading not guilty commits you to trial preparation and trial. If you are convicted after trial, you lose guilty plea credit and may receive a harsher sentence. Pleading strategically to delay is recognised by courts and will not be credited. Plead truthfully.

"Pleading guilty means I go to prison."

Not always. Even serious offences can result in community orders, suspended sentences, or fines. The court considers the severity of the crime, your background, and your remorse. A guilty plea may help your sentence, but it does not guarantee imprisonment.

"If I am fit to plead, I must plead."

False. Fitness to plead is about capacity, not obligation. If you are fit, you have the right to plead guilty or not guilty. The court cannot force you to plead guilty.

"My lawyer will tell me what to plead."

Your lawyer advises you on the strength of the evidence and the consequences of each plea, but the decision is yours. Your lawyer cannot force you to plead guilty or not guilty. You must instruct them on how to plead.

"I can change my guilty plea after sentencing."

Very difficult. You can apply to appeal your conviction on narrow grounds, but changing your plea simply because you regret it is rarely successful. The decision to plead guilty is serious and mostly final. This is why taking time to decide before arraignment is important.

"Arraignment is the trial."

False. Arraignment is a procedural hearing where you enter a plea. The trial (if you plead not guilty) comes later, when evidence is heard and a verdict reached.

Related concepts

• Indictment: what is charged and how it is read
• Plea and Trial Preparation Hearing (PTPH): Crown Court procedure
• Bail and remand: when you can go home
• First appearance: your first day in court
• Guilty plea credit: the sentence reduction
• Fitness to plead: mental capacity in court
• Trial: how evidence is heard and verdicts given
• Sentencing: how the judge decides your punishment
• Crown Court versus magistrates' court: which hears your case

Sources

• UK Government: Criminal courts and procedure
• Crown Prosecution Service: Charging decisions and prosecution guidance
• HM Courts and Tribunals Service: Plea and Trial Preparation Hearings

Disclaimer. This page provides information about UK arraignment. It is not legal advice. Your case is unique. Speak to a solicitor or barrister about your specific situation before making decisions about your plea.

Written by Peter Kolomiets, founder of CaseCalm. UK content reviewed 2026-05-28.