What Happens at Preliminary Hearings in Regina?

In Regina, if you are charged with a criminal offence, you will have to attend a preliminary hearing unless the matter is dealt with by way of summary conviction.

A preliminary hearing is a hearing before a judge to determine whether there is enough evidence for the case to go to trial. The purpose of the preliminary hearing is not to find out whether the accused is guilty or not guilty but merely to decide if there is enough evidence for the case to proceed.

The proceedings are open to the public, but witnesses may be asked not to stay in the courtroom during other witnesses’ testimony. This is so that each witness’ testimony is not influenced by what others have said.

Preliminary hearings are usually held within a few months of the criminal charges being laid.

At the preliminary hearing, the Crown prosecutor presents evidence to show that there is enough evidence to go to trial. The defence lawyer may cross-examine witnesses and present evidence as well. The judge will then decide if there is enough evidence to send the case to trial.

If the judge decides there isn’t enough evidence, the charges against the accused will be dismissed, and they will be free to go.

If the judge decides that there is enough evidence, the case will proceed to trial.

The criminal trial process is much more formal than the preliminary hearing process. A criminal trial will be held before a judge and jury.

The accused will have the right to choose whether they want to be tried by a judge alone or by a judge and jury. If the accused chooses to be tried by a jury, they must be unanimous in their decision in order for the accused to be convicted.

At trial, the Crown prosecutor presents evidence first. The defence lawyer will then have an opportunity to cross-examine witnesses and present evidence. After both sides have presented their evidence, the judge or jury decides if the accused is guilty or not guilty of the criminal offence.

If you are facing criminal charges in Saskatchewan, it is important to consult with a criminal defence lawyer as soon as possible to discuss your legal options. Call Linh Pham today if you need a Regina criminal lawyer.