A preliminary
inquiry judge ordered her to remove the veil when she testified, and appeals pushed the case to the Supreme Court.
When the preliminary
inquiry judge makes an order of committal he must transfer the record of the matter (the information, evidence, exhibits and statements made under s. 541, release documents, etc) to the superior court.
The powers of a preliminary
inquiry judge exist only in statute and within Part XVIII of the Code.
The appeal court sent the case back to the
preliminary inquiry judge, but N.S. appealed the decision to the Supreme Court instead.
The inquiry judge has a general power to regulate the inquiry process under s. 537.
[2] Where a preliminary inquiry is requested, the provincial court judge has jurisdiction to take evidence as a preliminary
inquiry judge.
Mr. Clark's submission concerning the alleged frailties of Mr. Nakic's testimony identifying the accused as the person he dealt with are matters, I think, for the trier of fact, not for a preliminary
inquiry judge.
The trial judge, sitting alone, like the preliminary
inquiry judge, is presumed to be alive to the dangers of certain types of evidence, particularly identification evidence.
Under s. 537 (1)(b) a preliminary
inquiry judge has the power to «remand the accused to custody for the purposes of the Identification of Criminals Act».
The accused, M --- d.S., who is facing serious criminal charges, contends that his right to make full answer and defence requires that he, his counsel and the preliminary
inquiry judge be able to see the accuser's face when she testifies and, in particular, when she is cross - examined.38
Phrases with «inquiry judge»