Commentary on Sections Trials on indictment without a jury Section 3: Preliminary inquiry
27.This section enables the prosecution to request a preliminary inquiry rather than a preliminary investigation when a section 1 certificate case is being returned for trial to the Crown Court. The court must grant the request unless they consider a preliminary investigation to be in the interests of justice (subsection (4)(b)) or the offence is an extra-territorial offence under the Criminal Jurisdiction Act 1975 (subsection (4)(c)). Preliminary inquiry is a paper-based process whereas preliminary investigation requires the calling of witnesses. Preliminary inquiry should help to protect witnesses from intimidation.