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| Patrick J Ducharme |
The preliminary inquiry also serves as a screening vehicle, permitting prosecutors to assess their case and determine whether charges should proceed to trial. This hearing is not meant to provide a forum for litigating the merits of the case against the accused.1 Although it may not be the stated purpose, this assessment has the effect of filtering out weak cases that do not merit a trial. From the accused’s perspective it protects him from needless, sometimes improper, exposure to a public trial in circumstances where the prosecution is not in possession of evidence that warrants the continuation of the process.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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