What does a "preliminary inquiry" aim to achieve?

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A preliminary inquiry is a crucial pre-trial procedure in criminal law, particularly for serious indictable offenses. Its primary aim is to determine whether there is enough evidence to justify proceeding to trial. During this inquiry, the court reviews the evidence presented to ascertain if it is sufficient to support a reasonable chance of conviction. This process serves as a safeguard against unwarranted trials, ensuring that individuals are not subjected to the burdens and stresses of a full trial without a solid evidentiary basis.

This is distinct from finalizing sentencing, which occurs only after a conviction has been established, or from establishing rules of conduct for a trial, as this usually happens through pre-trial motions and hearings. While plea bargains can be evaluated in various contexts, they are not the focus of a preliminary inquiry; that process is strictly concerned with assessing the sufficiency of the evidence for going to trial. Thus, determining whether there’s enough evidence to proceed serves as a foundational step in the criminal justice process, ensuring that only cases with appropriate grounds are advanced.

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