Commonwealth Numbered Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) (INTERIM) RULES 2016 (F2016L01167) - RULE 2.08

Procedure for arraignment of accused

             (1)  If the prosecution of an accused is to proceed to trial, the following must occur after a jury is empanelled unless the Court directs otherwise:

                     (a)  the prosecutor must produce the signed indictment to the Court;

                     (b)  a copy of the indictment must be given to the jury;

                     (c)  each count in the indictment must be read to the accused in the presence of the jury;

                     (d)  the accused must be directed to enter a plea to each count that relates to the accused.

             (2)  The reading of a count for the purposes of paragraph (1)(c) must not, unless the Court directs otherwise, include reading the information referred to in paragraph 2.01(4)(c) relating to the offence covered by the count.

             (3)  If the indictment replaces an earlier indictment in accordance with section 23BH of the Act, that fact must not be disclosed to the jury.

             (4)  The accused must be placed in the charge of the jury for trial in relation to a count in the indictment if, when directed by the Court, the accused:

                     (a)  pleads not guilty to the count; or

                     (b)  fails to enter a plea to the count; or

                     (c)  is given leave to change a plea of guilty to a plea of not guilty on the count.



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