Understanding The Meaning Of Preliminary Hearing

Preliminary Hearing1

When the case gets registered in a court, then the court will call for the session. One can win a case or lose one according to the evidence or the proof that has been shown to the court. The verdict is given according to the proof submission. A preliminary inquiry is not compulsory. It is completely the choice of the accused or the crown to have a preliminary hearing. A case can be continued even if there is no preliminary hearing. As per Aclu.org, there are a lot of reasons why people do not opt for a preliminary hearing. What exactly is called as preliminary hearing?

A court hearing whereupon calling by the crown, the evidence can be submitted against the accused firstly through the witnesses. At this point of time, no defense can be made. When the evidence is getting submitted, it gives defense team the opportunity to study the case and evaluate it. When the hearing is over, the court can either sent the client to trial or discharge the case if the court feels the evidence is insufficient. For the court to send the client on trial there is no need of much evidence if the submitted evidence is fair enough.

It is not appropriate to have a preliminary hearing in every case. In some cases only, the preliminary hearing will allow the prosecutor or the crown attorney to put the case together. There are times when the preliminary hearing can do nothing other than assisting the prosecution so that a theory can be developed for the client.

Having said this, it does not mean that the preliminary hearing is not at all important. In some cases, a preliminary hearing is important for preceding a case where you have valuable evidence. For some cases, preliminary hearing can contribute more evidence as it is questioning the witnesses or other cases such as search and seizure. If anyone feels like having a preliminary hearing, then the evaluation of the case must be on an individual basis.

After the judge performs the preliminary hearing, the person who is the accused might get discharged. The reason behind this is the insufficient evidence put forth by the client. If the accused person gets a discharge from all the cases, then one can conclude that the case has been ended. There are many other situations where court gets fresh proof after the preliminary hearing. If those proofs are agreed by the court there are chances that the accused will be prosecuted again.

There are certain cases where the accused person gets discharged on some limitations and has been sent to trial on others. In most of the court cases, the accused person is sent to trial after the preliminary inquiry. In such cases, the crown cannot prove the guilt after a reasonable doubt. The evidence should speak for the client.

The only thing that plays an important role is the evidence. If a person has strong evidence against the accused, then the judge can give the verdict once the evidence satisfies the court.