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.

When to make a submission of No Case to Answer

When can a submission of no case to answer be made?

1. Usually at the end of the prosecution case

A submission of no case to answer is often referred to as a ‘half- time’ submission because it usually occurs at the midway point of the trial (i.e. the end of the prosecution case and before the start of the defence case).

The reason for this is that a judge ot magistrates cannot properly make a decision on the sufficiency of the prosecution evidence unless all the prosecution evidence has been heard.

2. Occasionally during the prosecution case, where all the remaining prosecution evidence is agreed

Although normally made at the close of the prosecution case, in some circumstances a submission of no case to answer will be permitted before the close of the prosecution case, but only at a stage of the trial where the remainder of the prosecution case is agreed evidence and, therefore, the judge and the advocates know exactly what that evidence amounts to.

3. Rarely after the defence case

A submission of no case to answer could be made after the defence case, but this would be unusual. It would arise only in a situation where the defence evidence had so broken the prosecution case that there was no longer sufficient evidence to support a conviction.

For some criminal offences in the Crown Court, a submission of no case can be made only after all the evidence in the case has been heard (i.e. including evidence adduced in the defence case). (Criminal Procedure Rule 25.9(3).) This applies where the defendant is charged in the same case with:

(1) an offence of causing or allowing a child or vulnerable adult to die or to suffer serious physical harm, (contrary to section 5 of the Domestic Violence, Crime and Victims Act 2004); and

(2) an offence of murder, manslaughter, attempted murder, or causing harm contrary to section 18 or 20 of the Offences against the Person Act 1861.