No Case to Answer

In English criminal law, no case to answer refers to a situation in a trial where the defence argues that the prosecution's evidence is so weak or lacking that a reasonable jury, properly directed by the judge, could not convict the defendant. It allows the defence to request the judge to dismiss the case before the defence presents its own evidence.

Purpose: The no case to answer submission is made by the defence at the close of the prosecution's case, after the prosecution has presented its evidence and witnesses. It aims to challenge the sufficiency and quality of the prosecution's evidence. If successful, the case is dismissed, and the defendant is acquitted without needing to present a defence.

Assessment by the judge: The judge's role is crucial in determining whether there is a case to answer. The judge does not evaluate the credibility of witnesses or weigh the evidence. Instead, he considers the evidence in the most favourable light for the prosecution, assuming that all of the evidence is true and accurate.

Test for a no case to answer: The judge applies a test to decide whether a reasonable jury, properly directed, could convict the defendant based on the prosecution's evidence. If the judge concludes that no reasonable jury could convict on the evidence presented, the judge will uphold the no case to answer submission, and the defendant will be acquitted.

Procedure: Typically, the submission of no case to answer is heard in the absence of the jury. This prevents the jury from being influenced by the judge's decision on the matter.

Types of evidence: The no case to answer submission is often relevant in cases where the prosecution's evidence is weak, inconsistent, or unreliable. It can also be raised in situations where the evidence is legally insufficient to establish the elements of the offence charged. For example, if the only evidence presented by the prosecution is the defendant's silence during police interview, a case may be withdrawn from the jury.

Criteria: The decision to uphold the motion depends on the nature of the evidence. The judge's ruling is guided by the general approach outlined in R v Galbraith (1981), which provides guidelines for when the judge should stop the case:

1. If there is no evidence that the alleged crime was committed by the defendant, the judge stops the case.
2. If the prosecution evidence, taken at its highest, is such that a properly directed jury could not properly convict, the judge stops the case.
3. If the strength or weakness of the evidence depends on matters within the jury's province, the judge allows the case to continue.

Special application: Special considerations apply to cases where the evidence relies heavily on witness identification or on a confession made by the defendant. In cases of weak identification evidence, the judge may withdraw the case from the jury if there is insufficient corroboration or support for the identification. Similarly, if the only evidence against the defendant is their own confession, the judge may consider whether the confession is reliable before allowing the case to proceed.

Outcome: If the judge upholds the no case to answer submission, the case is dismissed, and the defendant is acquitted. If the judge does not accept the submission, the defence must proceed to present its evidence.

The decision to make a no case to answer submission is a strategic one made by the defence and is influenced by the specific circumstances of the case and the quality of the prosecution's evidence. This submission may also be used in civil cases where the defendant asserts that there is insufficient evidence to prove his liability.