What happens in a preliminary hearing?
For more serious charges, a committal (or preliminary) hearing is held in the Local Court to decide whether or not the prosecution has a case to go to trial in a higher court. You must then give the prosecution notice of whom you wish to question or cross-examine, so they can be called as witnesses.
What is the purpose of a preliminary hearing?
When you meet with your defense lawyer near Columbus, he or she can explain your upcoming preliminary hearing. The purpose of a preliminary hearing is for a judge to determine if there is probable cause that a criminal offense has occurred and that there is a reasonable suspicion that you have committed it.
What is the purpose of a preliminary hearing in a capital case?
The purpose of the preliminary hearing is to determine if there is enough evidence to justify holding the defendant to answer for the alleged charge(s), which includes any misdemeanors that are charged along with the felonies. It’s our job to try to convince the judge that there is not.
What are the sources of criminal procedure in Tanzania?
Tanzania’s sources of law are based on three main sources. These are; Constitution, Acts of Parliament/Local Law, Customary law and/or Religious law, Received Law, International Treaties and Conventions, By laws and/or Subsidiary Legislation and Orders/Circulars.
How long is a preliminary hearing in a criminal case?
Preliminary hearings are held in open court in front of one judge, no jury members, and typically last no more than two hours. Prosecutors have the burden of proof, but must only show probable cause that a defendant committed an alleged charge before proceeding to trial.
Who are the judges in Chacha v Tanzania?
The Court composed of: Sophia A. B. AKUFFQ President; Bernard M. NGOEPE, Vice President; Gérard NIYUNGEKO, Fatsah OUGUERGOUZ, Duncan TAMBALA Elsie N. THOMPSON, Sylvain ORÉ, El Hadji GUISSE, Ben KIOKO and Kimelabalou ABA, Judges; and Robert ENQ Registrar.
Is the defendant entitled to a transcript of the preliminary hearing?
Defendants are entitled to a copy of the transcript of the preliminary hearing, which can be used as evidence during the future, especially regarding statements made by the prosecutor, prosecutors witnesses, and the defendant themselves.
Why was Chacha V the United Republic of Tanzania?
4. The Applicant also alleges that the Police of the United Republic of Tanzania contravened the procedure for the search and seizure of property as set out in the Criminal Procedure Act in relation to his property.