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Preliminary hearingFrom Wikipedia, the free encyclopedia

Within some criminal justice systems, a preliminary hearing (evidentiary hearing) is a proceeding, after a

criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a tria

In the United States, the judge must find there is probable cause that a crime was committed.

In Scotland, a Preliminary Hearing is a non-evidential diet in cases to be tried before the High Court of Justiciary. Iis a pre-trial diet to enable the court to be advised whether both parties, the prosecution and the defence, are read

to proceed to trial and may also deal with ancillary procedural matters.

At such a hearing, the defendant may be assisted by counsel; in U.S. jurisdictions, there is a right to counsel at the

preliminary hearing.[1] A preliminary hearing is not always required. In the U.S., if the defendant is charged with a

federal felony, [s]he has the right to an indictment by a grand jury pursuant to the Fifth Amendment of the

Constitution. The defendant is not entitled to counsel at grand jury proceedings, and indeed may not even know th

a grand jury is considering his or her case.

The conduct of the preliminary hearing as well as the specific rules regarding the admissibility of evidence vary fromurisdiction to jurisdiction. Hearsay is typically allowed. Should the court decide that there is probable cause, a

formal charging instrument (called the information in some jurisdictions) will issue; and the prosecution will continu

If the court should find that there is no probable cause, then typically the prosecution will cease. Many jurisdictions

however, allow the prosecution to seek a new preliminary hearing, or even seek a bill of indictment from a grand

ury.

Some important questions that such a hearing generally addresses are:

1. Did the alleged crime occur within the court's jurisdiction?

2. Is there probable cause to believe that the defendant committed the crime?

If a judge determines that there is sufficient evidence to believe that the defendant committed the crime, it is said th

the defendant is "held to answer" or "bound over" (in U.S. jurisdictions).

After the court holds a defendant to answer, the court schedules an arraignment. The prosecutor files a new

pleading with the court (sometimes called an "information") and the defendant can enter a plea at the arraignment.

that plea is not guilty, a trial normally follows and the court gives the defendant the trial date at this arraignment.

See also

Grand jury

Committal procedure

Article 32 hearing

Notes

1. ^ In the United States, since a preliminary hearing is a "critical stage" of the proceeding, an indigent suspect is

entitled to court-appointed counsel at the preliminary hearing. Coleman v. Alabama, 399 U.S. 1 (1970).

https://en.wikipedia.org/wiki/Committal_procedurehttps://en.wikipedia.org/wiki/Arraignmenthttps://en.wikipedia.org/wiki/Preliminary_hearing#cite_note-1https://en.wikipedia.org/wiki/Defendanthttps://en.wikipedia.org/wiki/Lawyerhttps://en.wikipedia.org/wiki/High_Court_of_Justiciaryhttps://en.wikipedia.org/wiki/Probable_causehttps://en.wikipedia.org/w/index.php?title=Coleman_v._Alabama&action=edit&redlink=1https://en.wikipedia.org/wiki/United_Stateshttps://en.wikipedia.org/wiki/Preliminary_hearing#cite_ref-1https://en.wikipedia.org/wiki/Article_32_hearinghttps://en.wikipedia.org/wiki/Committal_procedurehttps://en.wikipedia.org/wiki/Grand_juryhttps://en.wikipedia.org/wiki/Arraignmenthttps://en.wikipedia.org/wiki/Jurisdictionhttps://en.wikipedia.org/wiki/Information_(formal_criminal_charge)https://en.wikipedia.org/wiki/Grand_juryhttps://en.wikipedia.org/wiki/Preliminary_hearing#cite_note-1https://en.wikipedia.org/wiki/Lawyerhttps://en.wikipedia.org/wiki/Defendanthttps://en.wikipedia.org/wiki/High_Court_of_Justiciaryhttps://en.wikipedia.org/wiki/Probable_causehttps://en.wikipedia.org/wiki/Complainthttps://en.wikipedia.org/wiki/Criminal_justice

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