During the preliminary inquiry, a hearing is held by the court to determine if there is enough evidence to justify a trial.
Preliminary inquiries are only held when a person is charged with an indictable offence where the accused in liable to a period of imprisonment greater than 14 years.
If the court decides that there is probable cause, a formal charging instrument (called the information in some jurisdictions) will be issued, and the prosecution will continue.
In criminal prosecutions, the court schedules an arraignment at which the charges are formally presented to the defendant.
This filing describes the basic elements (the facts or factors) that make up the alleged criminal offense.
[6] Where an indictment is obtained through means other than an information document, such as through grand jury proceedings or after an arrest when the defendant is first brought to court, the arraignment may be referred to as an "initial hearing",[9] or "preliminary arraignment",[10] which is different from a preliminary hearing.