Title 16, Practice, Procedure, And Courts

(a) (1) The indictment is sufficient if it can be understood from the indictment:(A) That it was found by a grand jury of a county, impaneled in a court having authority to receive the indictment;(B) That the offense was committed within the jurisdiction of the court and at some …

The words used in an indictment must be construed according to their usual acceptance in common language, except words and phrases defined by law, which are to be construed according to their legal meaning.

(a) The prosecuting attorney or other attorney representing the state, with leave of the court, may amend an indictment as to matters of form or may file a bill of particulars. (b) However, no indictment shall be amended nor bill of particulars filed so as to change the nature of…

(a) When a grand jury indictment for any offense known to the laws of this state shall be found against any person not in actual confinement or held by recognizance to answer to the indictment, the indictment shall not be open to the inspection of any person except the judge and …

(a) It shall be the duty of the clerks of the circuit courts of this state, whenever an arrest has been made of any person against whom an indictment has been found by the grand jury, properly returned, to record the indictment, with the entries thereon, in a book to be kept by h…

(a) The court shall appoint one of the number of every grand jury as foreman. (b) Every grand jury may appoint one of the members to be clerk, to preserve and keep minutes of their proceedings and of the evidence given before them.(1) However, the presiding judge of the circuit c…

The minutes of the proceedings and evidence shall be delivered to the prosecuting attorney when directed by the grand jury.

(a) The grand jury must inquire:(1) Into the case of every person imprisoned in the county jail or detention facility or on bail who has not been charged by indictment or information within sixty (60) days of arrest;(2) Into the condition and management of the public prisons of t…

(a) The clerk, on the request of the foreman of the grand jury or of the prosecuting attorney, shall issue subpoenas for witnesses to appear before the grand jury. Upon the witnesses failing to attend in obedience thereto, the court shall proceed to coerce their attendance and ma…

The foreman of the grand jury shall have power to administer the oath to the witnesses appearing before the grand jury.

In all cases where two (2) or more persons are jointly or otherwise concerned in the commission of any criminal offense, either of the persons may be sworn as a witness in relation to the criminal offense, but the testimony given by the witness in no instance shall be used agains…

When a witness, under examination, refuses to testify or to answer a question put to him or her by the grand jury, the foreman shall proceed with the witness into the presence of the court, and there distinctly state the refusal of the witness. If the judge, upon hearing the witn…

(a) If there is a reasonable belief that a material witness in any grand jury investigation may absent himself or herself from the jurisdiction or otherwise avoid service of a subpoena, a judicial officer, as defined in Arkansas Rules of Criminal Procedure 1.6(c), shall impose co…

(a) It shall be the duty of the foreman of each grand jury in this state to keep an abstract showing the name of each person subpoenaed and appearing as a witness before the grand jury, the number of days attended, and the amount due the person as a witness. The abstract shall be…

Before any editor, reporter, or other writer for any newspaper, periodical, radio station, television station, or internet news source, or publisher of any newspaper, periodical, or internet news source, or manager or owner of any radio station shall be required to disclose to an…

The grand jury is not bound to hear evidence for the defendant, but it is their duty to weigh all the evidence before them. If they believe that other evidence will explain away the charge, they should order the evidence to be produced.

No persons except the prosecuting attorney, the court reporter, and the witnesses under examination are permitted to be present while the grand jury is examining a charge, and no person whatever shall be present while the grand jury is deliberating or voting on a charge.

(a) The grand jury should find an indictment when all the evidence before them, taken together, would, in their judgment, if unexplained, warrant a conviction by the trial jury. (b) All the papers and other matters of evidence relating to the arrest and examination of the charges…

(a) Every member of the grand jury must keep secret whatever the member or any other grand juror may have said, or in what manner he or she or any grand juror may have voted on a matter before them. (b) (1) No grand juror shall disclose any evidence given before the grand jury ex…

The grand jury may, at all reasonable times, ask the advice of the court or the prosecuting attorney.

Any grand juror may be indicted by the grand jury of which he or she is a member, but when any complaint shall be lodged against a grand juror, the foreman shall inform the prosecuting attorney of the charge. If, on examination, there are grounds for proceedings against the juror…

(a) At any time a grand jury is not in session, the court, in its discretion, by order entered of record, may impanel a special grand jury. (b) When impaneled, the special grand jury shall have all the powers and proceed in all respects as provided by law for the conduct of regul…

Grand juries may employ experts and other professionals to assist in the grand jury investigations if, prior to the employment, the quorum court and county judge approve the employment. In that case, all expenses resulting from the employment shall be paid by the county.

As used in this code, unless the context otherwise requires, the “process on an indictment” consists of the writs for arresting or summoning the defendant to appear and answer the indictment.

Upon an indictment's being found, if the defendant is not in custody or on bail the court shall forthwith make an order for process to be issued on the indictment, designating whether it shall be for arresting or summoning the defendant.

(a) The process of arrest shall be issued by the clerk upon the order of the court and may be reissued from time to time by order of the prosecuting attorney. (b) The process of arrest on an indictment shall be a bench warrant. (c) A bench warrant may be substantially in the foll…

(a) The court may, at its discretion, order a bench warrant to be issued on any indictment. (b) However, where the punishment is limited to a fine of one hundred dollars ($100) or less, a bench warrant shall not be issued unless the court is satisfied that there is reason to beli…

As used in this code, unless the context otherwise requires, an arraignment is the reading of the indictment to the defendant and the asking of him or her if he or she pleads guilty or not guilty to the indictment.

The arraignment shall only be made in indictments for felonies and misdemeanors and may be dispensed with by the court, with the defendant's consent.

(a) The motion to set aside the indictment can only be made on the following grounds:(1) A substantial error in the summoning or formation of the grand jury;(2) That some person other than the grand jurors was present before the grand jury when they finally acted upon the indictm…

(1) There are but three (3) kinds of pleas to an indictment or information:(1) A plea of guilty;(2) A plea of nolo contendere; or(3) A plea of not guilty. (1) A plea of guilty; (2) A plea of nolo contendere; or (3) A plea of not guilty.

No prosecuting attorney shall enter a nolle prosequi on any indictment or in any other way discontinue or abandon the indictment without the leave of the court in which the indictment is pending and without being first entered on the docket.

(a) As used in this section:(1) “Court” means a judge or judicial officer; and(2) “No contact order” means an order issued by a court to a defendant at or after his or her first appearance on charges as described under Rule 8.1 of the Arkansas Rules of Criminal Procedure that pro…

Nothing in this chapter shall be construed to prevent a trial of a defendant after an order for observation and examination has been entered.

(a) (1) Whenever a prosecution for any crime has been instituted in the circuit court by indictment or information, the court, subject to the provisions of §§ 5-2-304 and 5-2-311, shall immediately suspend all further proceedings in the prosecution if:(A) The defendant files noti…

(a) If the court orders the defendant to undergo examination and observation, the examination and observation of the defendant shall be made by:(1) A licensed psychiatrist who:(A) Has successfully completed or is currently participating in a post-residency fellowship in forensic …

(a) If the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services determines that a defendant should be admitted to the Arkansas State Hospital for examination and observation, the defendant shall be committed to the Arkansas …

(a) (1) The cost of examination other than by examiners retained by the defendant shall be borne by the state.(2) Room and board costs shall also be borne by the state so long as the Arkansas State Hospital has actual physical custody of the defendant for the evaluation, observat…

(a) (1) (A) When a defendant has been examined, the qualified psychiatrist or qualified psychologist who prepared the examination report shall be summoned as a witness at the trial at the order of the trial judge or at the request of either party.(B) If summoned, the psychiatrist…

(a) (1) Whenever a defendant has been held for trial and the defense of insanity is an issue in the matter, the defendant or some person for him or her shall file a motion or request for an order of examination in the office of the clerk of the circuit court.(2) The clerk shall i…

(a) Whenever a defendant shall be held for trial in circuit court and the defendant alleges that he or she has become insane after being legally charged, the defendant or some person for the defendant must notify the prosecutor and the court at the earliest practicable time. (b) …

When proper and timely request is made to the court for an order of examination and observation and there is not sufficient time to complete the examination and submit the report before scheduled proceedings in the case, the court may order examination and immediately continue th…

(a) The procedure provided in this chapter shall also be followed, insofar as it is applicable, in any case in which the insanity of the convicted defendant is alleged as a ground for postponing or not carrying out execution of any sentence imposed as part of the judgment of conv…

(a) A person committed to the state hospital in compliance with this chapter who escapes from the hospital shall be returned to the jurisdiction of the committing court upon his or her apprehension. (b) After the return of the person to the jurisdiction of the committing court, t…

The circuit judges in vacation may make any order pertaining to the commitment, examination, observation, or return from the Arkansas State Hospital, after examination, of any defendant that they might make during a regular term of court at which the defendant might be tried.

This chapter may be cited as the “Public Defender Act”.