From arrest to sentencing, a criminal proceeding involves multiple steps. One of the most crucial stages is the preliminary inquiry. Indeed, this hearing determines whether the prosecution will proceed to trial or not.
What is a Preliminary Inquiry?
A preliminary inquiry is a hearing held after the bail hearing, during which the prosecution presents its evidence to a judge so that the judge can assess its relevance and the legitimacy of proceeding to trial. In Quebec, a preliminary inquiry is always conducted before a judge of the Quebec Court. The judge’s role is not to determine the accused’s guilt but to decide whether the evidence gathered by the prosecutor is sufficient and legally valid to bring the accused to trial.
Two conditions must be met for a preliminary inquiry to proceed: the request must be made by the defense lawyer or the Crown prosecutor, and the nature of the offense must be serious.
The Different Stages of a Preliminary Inquiry
Presentation of the Prosecution’s Evidence
The first stage of a preliminary inquiry is the presentation of evidence collected by the prosecution to the presiding judge. The prosecution must present all documents, testimonies, and other evidence proving that the accused committed the alleged offense(s). However, the inquiry judge is not required to judge the quality of this evidence; the judge relies solely on its existence to make a decision.
The Defense’s Response
During a preliminary inquiry, the defense is rarely allowed to present evidence proving the accused’s innocence. However, the accused’s lawyer is responsible for cross-examining the prosecution’s witnesses and challenging the evidence to create doubt in the judge’s mind and influence the decision.
The Judge’s Verdict
After hearing the prosecution’s evidence and the defense’s arguments, the preliminary inquiry judge must decide whether the accused will face a trial or not.
If the verdict is positive, the accused will face trial, where the charges will be heard before a different judge. In some cases, the preliminary inquiry judge may add additional charges if other offenses are discovered during the inquiry. For example, a burglar could be charged with theft as well as physical and/or verbal assault if violence was used to commit the crime.
If the verdict is negative, the charges against the accused will be dropped due to insufficient evidence. The accused will then be free and spared from any financial or custodial consequences.
Key Takeaways About the Purpose of a Preliminary Inquiry
The preliminary inquiry is a decisive step in the criminal prosecution process. It is a critical stage because it presents the prosecution’s evidence and determines whether a trial will take place. However, the preliminary inquiry does not judge the guilt of the accused.
If you are facing charges, it is important to secure your defense. Me Valérie Riendeau is a criminal law specialist who can gather the necessary information to defend you effectively. Do not hesitate to request a free consultation now by contacting our firm.
