Application for dismissal Flashcards
What is an application for dismissal?
a pre-trial application to have the charges against the defendant dismissed.
When can an application for dismissal be made?
only after D
- sent to Crown Court
- served with the evidence
But before:
- D is arraigned (i.e. the offence has been put to D and D has plead guilty or not guilty
Where can an application for dismissal be made?
- Crown Court Judge
- in writing
When should an application for dismissal be accepted?
evidence would not be sufficient for him to be properly convicted.
Can judicial review be brought against a decision on whether an application for dismissal is accepted?
No
Where can a submission of no case to answer be made?
either Magistrates or Crown Court
When can a submission of no case to answer be made?
During a trial after the prosecution has submitted all of its evidence.
Who is a submission of no case to answer made to?
Judge
When should a submission of no case to answer be accepted?
R V Galbraith
the prosecution evidence taken at its highest is such that a jury properly directed could not properly convict upon it.
