CLP Application for dismissal

Question 1

When is the application made?

Answer 1

1. only after the defendant is SENT by magistrates’ court for trial to the Crown Court;
2. only AFTER the defendant has been served with the evidence relating to the offence (20 BD after); and
3. only BEFORE the defendant is arraigned (enter plea)

Question 2

What is an application for dismissal?

Answer 2

• It is a pre-trial application to have the charges against the defendant dismissed
• It is made before trial in the Crown Court

Question 3

What is the test?

Answer 3

1. the judge shall dismiss a charge, if it appears to him that the evidence against the applicant would not be sufficient for him to be properly convicted
2. R v Galbraith: no evidence that the crime has been committed by defendant OR where the prosecution evidence, taken at its highest, is such that a properly directed jury could NOT properly convict