Preliminary hearing can be described as "a trial before the trial" at which it is decided whether there is enough evidence to proceed to trial. The legal standard in deciding at a preliminary hearing is "probable cause". Hence, where the judge finds that there is probable cause that the offence was committed by the defendant, the trial will be scheduled.
KEY TAKEAWAYS
* Prelims are only held in criminal trials
* Prelims are also called Mini trials
* Prelims are not held to determine guilt or innocence
* Prelims are held at the earlier stage of criminial justice process
* Prelims serve the purpose of protecting Defendants from unfounded criminal charges
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