What is a direction hearing?
A direction session in the criminal process is a crucial preparatory session in which the progress, planning and organization of the criminal case are thoroughly discussed and recorded. This session does not serve to go into the substance of the case, but to make the process as efficient as possible, with a clear roadmap for the further handling of the case.
During a pre-trial hearing, the judge plays an active role in structuring the trial. The judge discusses with the various parties, including the prosecutor, the defendant and his attorney, what remains to be done to fully prepare the case for the substantive hearing. This involves determining what steps are still needed, such as hearing witnesses or obtaining additional evidence. At this hearing, the judge will determine which requests for additional investigation or further steps are warranted, and which are not.
Research needs
For the defense, the pre-trial hearing provides an important time to make requests that may affect the further course of the trial. For example, the defendant and his or her attorney may request that additional research be conducted into certain aspects of the case that are still unclear, or that new witnesses not previously covered be heard. These requests are essential because they can contribute to a more complete picture of the facts, giving the defense the opportunity to bring forward all relevant information in the case.
The judge will decide on these requests at the pre-trial hearing. If the judge agrees, the requested investigations or witness interviews will be scheduled, which means that the case may be delayed to allow for these additional investigations. However, this is often necessary to ensure that the case is handled thoroughly and fairly. On the other hand, the judge may also decide that certain requests are not necessary for the progress of the case, for example, because the judge believes the requested investigation is not relevant or because the case is already sufficiently prepared.
Should a suspect be detained longer?
In addition, the pre-trial hearing provides an opportunity to address the suspect's pretrial detention. If the suspect is still in pretrial detention at that time, the defense attorney can make a request during the pre-trial hearing to lift or suspend that detention. For example, the attorney may argue that the ground for detention has been removed, that the suspect is no longer a flight risk, or that the suspect's personal circumstances warrant release. The judge will carefully consider this request and may decide to terminate or suspend the pretrial detention, meaning that the suspect can await the rest of the trial in freedom.
A pre-trial hearing contributes to a well-organized and efficient handling of the criminal proceedings. By making clear agreements in advance about the next steps, unforeseen problems during the substantive hearing are prevented, which can lead to delays. For both the defense and the prosecution, the pre-trial hearing offers the opportunity to clearly state their positions and wishes and to lay the groundwork for a fair and thorough judicial process.
Directional hearing is important!
Thus, for the accused and his or her attorney, the pre-trial hearing is an important time to make strategic decisions and influence the course of the trial. By making timely and careful requests, they can ensure that all relevant aspects of the case are addressed, giving the accused a fair chance to defend himself. At the same time, the pre-trial hearing helps the judge maintain a good overview of the trial and ensure that the case is handled in an orderly and fair manner. Thus, the pre-trial hearing contributes to safeguarding the rights of the accused and to a fair and efficient judicial process.
Lawyer needed for pre-trial hearing?
Our criminal lawyers are active during pre-trial hearings on a daily basis. It is important to have a clear picture prior to a pre-trial hearing of the possible research wishes still exist. This could include requesting additional witness interviews or requesting specific evidence. This is a crucial time for the defense to ensure that all relevant facts of the case are examined.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
