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
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.

Defence opening speech

At the start of the defence case, the defence advocate (or the defendant if unrepresented) may address the jury by summarising what the defendant's case is.

The right to make an opening speech exists only where the defendant intends to call at least one defence witness in person about the facts of the case, other than the defendant him/herself (Criminal Procedure Rule 25.9(2)(g)).

Defence opening speeches are rare and are generally reserved for long and complex cases where it would assist the jury to be given some advance detail or guidance about what the defence case is. A defence opening speech could be given at the start of the trial (after the prosecution opening) or at the begininning of the defence case.