NCJ Number
131229
Date Published
1984
Length
97 pages
Annotation
The preliminary inquiry in Canada has recently become the subject of controversy, and using oral testimony to establish a prima facie case has been described as outmoded and a cause of undue court delay, witness hardship, and other problems.
Abstract
To explore policy issues associated with the preliminary inquiry, Canada's Department of Justice conducted a statistical survey in 1982 to obtain such data on the practice as time delays, number of witnesses, and preliminary inquiry outcomes. Information was obtained from 13 courts throughout Canada in large and medium-sized cities to assess how long preliminary inquiries took, how many witnesses were called, how many cases were screened out at the preliminary inquiry, how many cases had their charges amended as a result of the preliminary inquiry, and how often a guilty plea followed the preliminary inquiry. It was determined that the preliminary inquiry is a somewhat effective but not efficient pretrial procedure. It takes a long time for cases to be resolved, and most of that time is spent out of court. Most pretrial activity is informal, out-of-court action rather than a formal hearing of evidence. Although a formal committal to trial has a part to play in plea bargaining and plea decisions, there are no checks and balances on how long this process can take, and lengthy delays frequently occur. 32 footnotes and 35 tables