No Case to Answer

Question 1

When should a No Case to Answer submission be made?

Answer 1

Made at the conclusion of the prosecution’s case if:

The prosecution has failed to provide sufficient evidence to prove an essential element of the offence.

The evidence presented has been so discredited or is so manifestly unreliable that no reasonable tribunal could convict on it​

Question 2

What is the Galbraith Test (R v Galbraith [1981] 2 All ER 1060)?

Answer 2

The court applies a two-limb test:

No evidence limb – If there is no evidence on an essential element - case must be stopped.

Weak evidence limb – If there is some evidence, but it is weak or tenuous, the judge must decide whether it is strong enough that a reasonable tribunal could convict. If it is too weak, the case should be stoppe

Question 3

What happens if a No Case to Answer submission is successful?

Answer 3

If successful, the magistrates/judge will dismiss the charge and the defendant will be acquitted.

Question 4

What happens if a No Case to Answer submission is unsuccessful?

Answer 4

The defendant may change their plea to guilty (if they originally pleaded not guilty to test the strength of the prosecution’s case).
If the defendant chooses to remain not guilty, they may give evidence or call witnesses