What happens after a preliminary inquiry?

What happens after a preliminary inquiry?

At the end of your preliminary inquiry, if the judge thinks there’s not enough evidence to have a trial, you’re discharged and in most cases your case is over. But if the judge thinks there’s enough evidence, you have to go to trial. In most cases, you’re committed and have to go to trial.

What is a preliminary inquiry notice?

During the preliminary inquiry, a hearing is held by the court to determine if there is enough evidence to justify a trial. Preliminary inquiries are only held when a person is charged with an indictable offence.

What is the purpose of preliminary inquiry?

The purpose of the preliminary inquiry is to determine if there is sufficient evidence to set the matter down for trial before a Justice of the Superior Court.

What happens at preliminary trial?

The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses. If the judge concludes there is probable cause to believe the crime was committed by the defendant, a trial will soon be scheduled.

Who hears a preliminary inquiry?

The preliminary inquiry (described in s. 535 of the Criminal Code) occurs in Provincial Court, in front of a Provincial Court judge. The Crown prosecutor presents evidence and calls witnesses. The Defence does not present its case, but the Defence lawyer does have the right to cross-examine Crown witnesses.

When should a preliminary inquiry be held?

WHAT IS A PRELIMINARY INQUIRY? In terms of the Child Justice Act an informal process called a preliminary inquiry will be held within 48 hours of the child’s arrest, before the first court appearance.

What is a schedule 6 Offences?

in Schedule 6 be detained in custody unless the accused satisfies the court that. exceptional circumstances exist which justify his or her release. The offences. listed in Schedule 6 are the most serious violent crimes, namely murder, rape. and robbery.