CLP 4 - dismissal

Question 1

What is an application for dismissal?

Answer 1

a pre-trial application to have the charges against the defendant dismissed.

Question 2

When can an application for dismissal be made?

Answer 2

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

Question 3

Where can an application for dismissal be made?

Answer 3

• Crown Court Judge
• in writing

Question 4

When should an application for dismissal be accepted?

Answer 4

evidence would not be sufficient for him to be properly convicted.

Question 5

Can judicial review be brought against a decision on whether an application for dismissal is accepted?

Answer 5

No

Question 6

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

Answer 6

either Magistrates or Crown Court

Question 7

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

Answer 7

During a trial after the prosecution has submitted all of its evidence.

Question 8

Who is a submission of no case to answer made to?

Answer 8

Judge

Question 9

When should a submission of no case to answer be accepted?

Answer 9

R V Galbraith

the prosecution evidence taken at its highest is such that a jury properly directed could not properly convict upon it.