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KembaraXtra – Legal Terms – No Case to Answer
A submission of no case to answer is made by a defendant who argues that the opposing party has failed to provide sufficient evidence to justify continuing the case.
In civil proceedings, the defendant may make this submission at the close of the claimant’s case on the ground that the claimant has no real prospect of success.
If the court agrees, judgment will be entered for the defendant without the need for the defence to present evidence.
In criminal proceedings, the defence may similarly argue at the end of the prosecution’s case that there is insufficient evidence linking the accused to the offence.
In a trial on indictment, the judge must direct the jury to acquit if there is either no evidence against the defendant or if the prosecution evidence, even taken at its strongest, could not properly support a conviction.
A submission of no case to answer is made by a defendant who argues that the opposing party has failed to provide sufficient evidence to justify continuing the case.
In civil proceedings, the defendant may make this submission at the close of the claimant’s case on the ground that the claimant has no real prospect of success.
If the court agrees, judgment will be entered for the defendant without the need for the defence to present evidence.
In criminal proceedings, the defence may similarly argue at the end of the prosecution’s case that there is insufficient evidence linking the accused to the offence.
In a trial on indictment, the judge must direct the jury to acquit if there is either no evidence against the defendant or if the prosecution evidence, even taken at its strongest, could not properly support a conviction.
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