Preliminary hearing in criminal proceedings.

A preliminary hearing is provided for under Section 192 of the Criminal Procedure Act (CPA), along with the Accelerated Trial and Disposal of Cases Rules, G.N. No.192 of 1988, Section 35 of the Economic and Organized Crime Control Act (EOCCA), and Rule 15 of the Economic and Organized Crime Control (The Corruption and Economic Crimes Division) Rules, 2016. After the charge is read and the accused pleads not guilty, the court must conduct a preliminary hearing. The purpose of a preliminary hearing is to expedite trials, promoting timely and cost-effective resolution of criminal cases. It establishes early in the proceedings which matters are undisputed and which are in dispute. Once undisputed facts are identified, only evidence on disputed issues will be presented at trial.

Procedures of a Preliminary Hearing

The procedures for conducting a preliminary hearing are outlined in Section 192 of the CPA and the Accelerated Trial and Disposal of Cases Rule, G.N. No.192 of 1988. Key steps include:

1. The court must explain the nature and purpose of the preliminary hearing to the accused if they are not represented.
2. The prosecution presents the facts constituting the elements of the alleged offense and submits any relevant documents it deems appropriate for this stage.
3. Based on the prosecution's presentation, the court asks the accused to clarify which matters are undisputed.
4. The court then records all undisputed issues, preparing a Memorandum of Matters Agreed as per CR Form No. 14 of the Criminal Procedure (Approved Forms) G.N. 429 of 2017.
5. The court reads and explains the Memorandum to the accused in a language they understand, after which it is signed by the accused, their advocate (if any), the prosecutor, and the magistrate or judge.

Failure to Conduct a Preliminary Hearing

A preliminary hearing is a mandatory procedure in criminal trials. However, if a preliminary hearing is not held, it does not invalidate the trial, provided the accused was not prejudiced.

Status of Facts and Exhibits Admitted

Facts and exhibits admitted during the preliminary hearing are considered ascertained or proved. However, if the court deems it necessary in the interest of justice, it may require any agreed fact or document to be formally proved during the trial.

Listing Witnesses and Exhibits

The law governing preliminary hearings in both the subordinate and High Courts does not mandate listing or mentioning witnesses and exhibits at this stage.

Complainant’s Statement

Under Section 9(3) of the CPA, the defense has the right to receive a copy of the complainant’s statement. Failure to provide it does not nullify the trial, as it is curable under Section 388 of the CPA.

Preliminary Hearing in the High Court, Corruption and Economic Crimes Division

In the High Court's Corruption and Economic Crimes Division, preliminary hearings are governed by Section 35 of the EOCCA and Rule 15 of the Economic and Organized Crime Control (The Corruption and Economic Crimes Division) Rules, 2016. Here, it is mandatory for the prosecution and defense to submit names of witnesses and a list of exhibits. If they fail to do so, those witnesses and exhibits will not be admitted at trial. Other procedures remain consistent with the general preliminary hearing process.