What is the onus during a preliminary inquiry?

During a preliminary inquiry, the onus is on the prosecution to demonstrate sufficient evidence to establish that there is a reasonable prospect of conviction for the charge at hand. This process is crucial, as it helps to determine whether there is enough evidence to proceed to trial.

The primary purpose of the preliminary inquiry is not to determine guilt or innocence but rather to ensure that the prosecution has credible evidence that justifies putting the accused on trial. Therefore, the prosecution must present enough evidence to convince the judge that a trial is warranted.

In this context, the defense does not have the responsibility to prove innocence or to counter the prosecution's evidence at this stage. Instead, they may cross-examine witnesses and challenge the prosecution's evidence as part of their strategy, but the primary burden lies with the prosecution. This balance of responsibility helps to safeguard against unfounded charges proceeding to trial.