Preparing and presenting the case for the defence

All Contents > Crown Court Trial > Jury > Prosecution Case > Defence Case > Judge's Summing-Up > Verdict

“The first person to give evidence in the defence case is the defendant, unless the court directs otherwise.

The defendant does not have to give evidence, although choosing not to do so is likely to have consequences”

On this page …

No case to answer
Defence opening speech
Order of defence evidence
Co-defendants
Defendant’s Evidence – Evidence in Chief, Cross-Examination and Re-Examination
Defence Case Statement (DCS)
Good and Bad Character
Should the defendant give evidence?
Choosing not to give evidence - the adverse inference
Silence at interview and other adverse inferences
Prepared Statements
Defence Witnesses
Agreed Defence Evidence – Reading Statements and Agreed Facts
Close of Defence Case
Consideration of Legal Issues
Prosecution Closing Speech
Defence Closing Speech
Defence Closing Speech examples
Further information, including Representing Yourself at Court

Before the defence case starts

After the close of the prosecution case and before the defence case starts, the defence may make a Submission of No Case to Answer (a submission to the judge to dismiss the case where the prosecution evidence discloses no case to answer, i.e. there is insufficient evidence to even leave the case to the jury).

If successful, there will be no need to present a defence case, the trial will not proceed any further and the jury will be directed by the judge to find the defendant not guilty.

Where there are multiple charges and a submission of no case to answer is only successful in relation to some of them, the trial will proceed on the remaining counts.

Read on for how to present a defence case, the Defence Case Statement, cross-examination of the defendant and the decision whether or not to give evidence, the implications of a ‘no comment’ interview and other adverse inferences, and the effecs of good and bad character.