|Contributions||Alford, D., Chumak, P., Cloutier, L.|
The statutory foundation for a preliminary inquiry is set out at § of Canada's Criminal Code (): "If an accused who is charged with an indictable offence is before a justice and a request has been made for a preliminary inquiry , the justice shall inquire into the charge and any other indictable offence, in respect of the same transaction, founded on the facts that are . On June 1, , Parliament proclaimed in force the Criminal Law Amendment Act, , SC , c 13 relating to the conduct of the preliminary inquiry in criminal cases in legislation enacted what is now s. of the Criminal Code which provides that a statement be provided to the court identifying: (a) the issues on which the requesting party . Some Statistics on the Preliminary Inquiry in Canada (), at p. vii). In , Ontario’s Criminal Justice Review Committee concluded that “[i]n our experience, most preliminary inquiries do not consume an inordinate amount of court time” (Ontario, Criminal Justice Review Committee, Report of the Criminal Justice Review Committee ( An accused will either be committed for trial or discharged at the end of the preliminary inquiry. Originally a preliminary inquiry was presumptively required in the case of all indictable offences, although it could be waived, but in its current form the preliminary inquiry is held on request and might be restricted to particular issues.
In British English, there is a difference between enquiry and inquiry. If you enquire about someone or something, you ask about them. Examples (British style) He enquired about her health. She enquired as to whether we were going to the meeting. In Britain, inquiry is used to indicate official investigations. Examples (British style). For example, some preliminary inquiries could potentially be held in boardrooms without need of a judge or courtroom, much as examinations . This fact sheet is based on two Canadian publications from and , publicly available and special request data from the Canadian Centre for Justice Statistics at Statistics Canada, and internal research reports prepared by Justice Canada. A preliminary inquiry is a . Canada number of new book titles by foreign authors , by category Number of titles published in the U.S. , by type Projected book market revenue in .
(a) The purpose of the preliminary inquiry is to determine whether, in the opinion of the officer appointed to conduct the preliminary inquiry (PIO), the questioned conduct occurred and, if so, whether the preponderance of the evidence demonstrates that such conduct constitutes a violation of subpart B of this part or the Code of Judicial Conduct. The PIO is to recommend . The Child Justice Bill proposes a preliminary inquiry procedure, which should be held after assessment, within 48 hours of arrest and prior to the child’s plea. This is an entirely new procedure, supported by child justice practitioners. A large majority of children consulted in the drafting process felt the preliminary inquiry,File Size: 27KB. This article on Preliminary Enquiry by CBI is written by Varun Chopra, a student of National University of Advanced Legal Studies, Kochi. In the cases where the information and the complaints received by the CBI in relation to a particular case is such that there is enough evidence to show misconduct of the public servants but, not enough to justify the registration Author: Nikieta Aggarwal. preliminary hearing. If, therefore, part of the plan is to attack the witness at trail, the cross-examinermay wish to lull the witness by friendly approach at the preliminary inquiry.3 Some counsel may be aggressive at the PI and assume a more friendly manner at trial. As a general rule, at trial counsel should not ask a question unless he/she File Size: 57KB.