Submission of No Case to Answer

Stopping a case due to insufficient evidence

All Contents > Submission of no case to answer > Magistrates’ Court trial Defence Case > Crown Court trial Defence Case

“Where the prosecution case is weak, either because there is no evidence to prove the offence or, although there is some evidence, the evidence is insufficient to support a conviction, the defence may make a submission of no case to answer.”

On this page:

What is a submission of no case to answer?
When can a submission of no case to answer be made?
How does a judge decide if there is no case to answer?
Submission of no case to answer examples
Will the jury be present during a submission of no case to answer?
What happens when a submission of no case is successful?
What happens when a submission of no case is unsuccessful?
Can the prosecution appeal following a successful submission of no case to answer?
Can the defence appeal following an unsuccessful submission of no case to answer?

What is a submission of no case to answer?

Where the prosecution case is weak, either because there is no evidence to prove the offence or, although there is some evidence, the evidence is insufficient to support a conviction, the defence may make a submission of no case to answer - this is an application to the judge (in the Crown Court) or to the magistrates or District Judge (in the magistrates’ court) to dismiss the case because there is no case for the defendant to answer.

A successful submission will result in a Not Guilty verdict.

Judges/magistrates can decide that there is no case to answer of their own initiative (although they would usually invite the defence to make an application), but they must allow the prosecution an opportunity to make submissions in response as to why there is a case to answer.