Preliminary Hearing

A preliminary hearing (sometimes called a "prelim," "probable cause hearing," or in some jurisdictions a "committal hearing") is an early stage in a criminal prosecution at which a judge or magistrate examines whether the government has sufficient evidence to proceed to trial. The standard applied is typically probable cause—a relatively low threshold requiring the prosecution to show that a crime was likely committed and that the defendant likely committed it. It is not a determination of guilt.

At the hearing, the prosecution generally calls witnesses and introduces physical or documentary evidence. The defense may cross-examine witnesses and, in some jurisdictions, present its own evidence, though defense participation is often strategically limited to avoid revealing trial strategy. Hearsay rules are frequently relaxed compared to trial.

Key features vary by jurisdiction:

• In U.S. federal practice, Federal Rule of Criminal Procedure 5.1 governs preliminary hearings, but they are not required when a grand jury indictment has already been returned.
• In many U.S. states, defendants charged by information (rather than indictment) have a statutory or constitutional right to a preliminary hearing.
• In England and Wales, traditional committal proceedings were largely abolished by the Criminal Justice Act 2003 and replaced with "sending for trial" procedures for indictable offences.
• In Canada, preliminary inquiries under the Criminal Code were significantly restricted by Bill C-75 (in force 2019), limiting them to offences carrying 14 years' imprisonment or more.

If the judge finds probable cause, the defendant is "bound over" for trial. If not, charges may be dismissed, though prosecutors can often refile or seek a grand jury indictment. Preliminary hearings also serve secondary functions: locking in witness testimony, exposing weaknesses in the state's case, and informing plea negotiations.

The proceeding is distinct from arraignment (where the defendant enters a plea) and from a grand jury, which sits without a judge and hears only the prosecution's evidence in secret.