Gavin Howe
In criminal law, a no case to answer submission refers to a situation where the defence argues that the prosecution's evidence is insufficient or lacking, and therefore could not convince a reasonable jury, properly directed by a judge, to convict the defendant. This submission can be made after the prosecution has presented its case and witnesses, and it allows the defence to request that the judge dismisses the case without needing to present a defence. The judge's role is crucial in determining whether there is a case to answer, and they must consider all the evidence called by the prosecution, including prosecution witnesses' answers to cross-examination questions. If the judge upholds the no case to answer submission, the case is dismissed, and the defendant is acquitted.
| Characteristics | Values |
|---|---|
| Applicable Law | Section 200(1) of the Code of Criminal Procedure |
| Applicable Jurisdiction | Criminal trials in English criminal law |
| Applicable Court | Crown Court, magistrates' court, or district judge in the magistrates' court |
| Submission Timing | After the close of the prosecution's case |
| Submission Initiator | The defence |
| Submission Basis | Prosecution's evidence is weak or lacking |
| Submission Decision Maker | Judge or magistrate |
| Submission Decision Criteria | Whether the evidence supports a finding of guilt |
| Submission Decision Process | Prosecution evidence is assessed at its highest |
| Submission Decision Exclusion | Evidence that contradicts or explains the prosecution's case |
| Submission Decision Consideration | Defence's expert evidence |
| Submission Outcome (Accepted) | Case dismissed, defendant acquitted |
| Submission Outcome (Rejected) | Trial continues, defence presents its evidence |
| Submission Appeal | Considered by the court of appeal |
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What You'll Learn
Submission of 'no case to answer'
A 'no case to answer' submission is a legal argument in a criminal trial, made by the defendant, that the prosecution's case is insufficient to support a finding of guilt. The submission is made after the close of the prosecution's case and before the defence presents its case. In other words, it is an argument that there is 'no case on the face of it'.
The submission has two limbs: either that there is no evidence that a crime has been committed by the defendant, or that there is some evidence before the court, but it is tenuous or inconsistent in nature. In the latter case, the judge must consider whether the evidence, when taken at its highest, is such that the jury could not convict upon it. The test for a no case submission is whether the evidence, taken at its highest, can support a verdict of guilty.
The judge or magistrate need not consider whether the accused ought to be found guilty but only whether the court could lawfully find the accused guilty. When deciding on a no case submission, the court must consider all the evidence called by the prosecution, including prosecution witnesses' answers to cross-examination questions. The court does not have to consider evidence that contradicts or explains the prosecution case or evidence that supports the defence case. However, where expert evidence has already been called by the defence, it may be taken into account by the court.
A successful 'no case to answer' submission will result in the dismissal of the case and the acquittal of the defendant without the defence having to present its case.
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Judge's role and assessment
The judge plays a crucial role in determining whether there is a case to answer. They assess the strength of the prosecution's case and decide whether it is sufficient to proceed. The judge does not evaluate the credibility of witnesses or weigh the evidence. Instead, they focus on whether the prosecution's evidence, when viewed in the most favourable light, could support a finding of guilt.
In a criminal trial, the prosecution has the burden of proving the accused's guilt beyond a reasonable doubt. If the prosecution's evidence is insufficient or lacking, the defence can submit that there is "no case to answer". This submission is made to the judge, who then assesses whether the prosecution's evidence could reasonably support a guilty verdict. The judge considers all the evidence presented by the prosecution, including witness testimony, and may also take into account any expert evidence presented by the defence.
The judge's assessment involves considering the quality and sufficiency of the evidence. For example, if the evidence is solely based on a fleeting glimpse or made under challenging conditions, the judge may determine that it is insufficient to proceed. Similarly, if the evidence is circumstantial, the judge must consider whether it could lead a reasonable person to conclude that the accused is guilty beyond a reasonable doubt, excluding any hypotheses consistent with innocence.
If the judge upholds the "no case to answer" submission, the case is dismissed, and the defendant is acquitted without the need for the defence to present its case. On the other hand, if the judge rejects the submission, the trial continues, and the defence must present its evidence.
It is important to note that the decision to make a "no case to answer" submission is strategic and depends on the specific circumstances of the case. The defence must carefully assess the strength of the prosecution's evidence before making this submission.
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Acquittal and dismissal
A 'no case to answer' submission can be made in a contested criminal matter after the prosecution has closed its case. The defence can submit that the prosecution's case does not support a finding of guilt and that the court should dismiss the charge without the defence having to present its case. The judge or magistrate must then assess whether the prosecution evidence, when viewed in the most favourable light, could support a finding of guilt. The court does not have to consider evidence that contradicts or explains the prosecution case or supports the defence case.
A 'no case to answer' submission will be successful where the prosecution case, taken at its highest, is insufficient to support a finding of guilt. If the judge is satisfied that the evidence led by the prosecution is insufficient in law to justify the accused being convicted of the offence charged, they shall acquit the accused, and the trial shall proceed only in respect of any other offence charged in the indictment. If the judge is not satisfied, they shall reject the submission and the trial shall proceed, with the accused entitled to give evidence and call witnesses.
An acquittal is when a defendant who has been accused of a crime is found not guilty at a trial. To secure a conviction of a defendant, the prosecutor must prove every element of the crime to the judge or jury beyond a reasonable doubt. A person is acquitted when the prosecution is unable to meet its burden of proof for one or more of the required elements of the crime. If a defendant receives a not guilty verdict for all the offences they have been charged with, they will have been fully acquitted. If they receive a guilty verdict for one offence and a not guilty verdict for another, they will have received a partial acquittal.
The Fifth Amendment's double jeopardy clause prohibits the state from retrying someone twice for a crime when they have been acquitted. This means that the same court will not be able to try the defendant again for that offence. However, a person can face a civil lawsuit for the same offence even if they have been acquitted of the associated criminal offence. For example, O.J. Simpson was found not guilty of killing Ronald Goldman and Nicole Brown Simpson in his criminal case, but was later found liable for killing them in civil wrongful death lawsuits filed by their families.
A dismissal occurs when the prosecutor decides to dismiss the criminal charge against the defendant and not proceed further with the prosecution of the case. Dismissal may occur at any time before a case is submitted to either a judge or a jury for decision. If a case is dismissed, the prosecutor could decide to renew the charges and pursue the prosecution again at a later time. If a prosecutor files a case and the charges are dismissed, the defendant can sue the prosecutor for malicious prosecution and seek monetary damages. A judge might dismiss a case for several reasons, including lack of probable cause or insufficient evidence for the case to go to trial, or evidence being obtained in an unconstitutional manner.
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Circumstantial evidence
In a criminal trial, the prosecution must prove the case against the accused beyond reasonable doubt. A 'no case to answer' submission can be made when the defence considers that the prosecution's case does not support a finding of guilt and that the court should dismiss the charge without the defence presenting its case. The prosecution evidence is assessed based on whether it supports a finding of guilt if accepted and is not manifestly self-contradictory or the product of a disorderly mind.
In a trial in the Crown Court, a 'no case to answer' submission is heard in the absence of the jury. The judge or magistrate assesses the submission by asking whether the prosecution evidence, when viewed in the most favourable light reasonably open to the court, could support a finding of guilt. The court must consider all the evidence called by the prosecution, including witnesses' answers to cross-examination questions. However, the court does not have to consider evidence that contradicts or explains the prosecution's case or supports the defence's case. Where expert evidence has already been presented by the defence, it may be taken into account by the court.
When the quality of the identifying evidence is poor, such as when it depends on a fleeting glimpse or a longer observation made in challenging conditions, the judge should withdraw the case from the jury and direct an acquittal unless there is other evidence to support the correctness of the identification. For example, in MacKenzie (1992) 96 Cr App R 98, the judge ruled that when it is impossible to determine which of two defendants committed a crime, neither can be left to the jury unless they could both be convicted under the joint enterprise doctrine.
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Appeals
A 'no case to answer' submission can be made in a contested criminal matter after the prosecution has closed its case. The defence may make this submission when it considers that the prosecution's case does not support a finding of guilt and that the court should dismiss the charge without the defence needing to present its case.
In a trial in the Crown Court, a submission by counsel that there is 'no case to answer' is heard in the absence of the jury. A submission may be made at the close of the prosecution case or at a later stage. The judge or magistrate assesses a 'no case to answer' submission by asking whether the prosecution evidence, when viewed in the most favourable light reasonably open to the court, could support a finding of guilt.
If a decision is appealed, the court of appeal will not consider whether the decision made on a 'no case to answer' submission was correct. Instead, it will consider the evidence in its entirety, including the defence case, and consider whether the evidence supported the verdict. The test in an appeal against conviction is whether the verdict is 'unsafe or unsatisfactory', which is different from the test in a 'no case to answer' submission. A 'no case to answer' submission will not succeed merely because a finding of guilt based on the evidence adduced by the prosecution may be unsafe or unsatisfactory and may be overturned on appeal. A 'no case to answer' submission should only succeed if the evidence could not reasonably support a finding of guilt.
The losing party in a decision by a trial court in the federal courts is normally entitled to appeal the decision to a federal court of appeals. The appellant presents legal arguments to the panel in writing in a document called a 'brief'. In the brief, the appellant tries to persuade the judges that the trial court made an error and that its decision should be reversed. On the other hand, the party defending against the appeal, known as the 'appellee', tries to show in its brief why the trial court's decision was correct or why any error made by the trial court was insignificant.
Many cases are selected for 'oral argument' before the court. Oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of judges focusing on the legal principles in dispute. Each side is given a short time, usually about 15 minutes, to present arguments to the court.
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Frequently asked questions
In a criminal trial, a 'no case to answer' submission is made by the defence when they consider that the prosecution's case does not support a finding of guilt and that the judge should dismiss the case without the defence having to present its own evidence.
A 'no case to answer' submission is made after the close of the prosecution's case, once the prosecution has presented its evidence and witnesses.
If the judge upholds the 'no case to answer' submission, the case is dismissed, and the defendant is acquitted without needing to present a defence.
