What is the purpose of a no case to answer submission?
When, at the close of the case for the prosecution, a submission is made that there is “no case to answer”, the question to be decided is not whether on the evidence as it stands the defendant ought to be convicted, but whether on the evidence as it stands he could lawfully be convicted.
How do you submit no case to answer?
The Principle. A submission that there is ‘No Case To Answer’ (“NCTA”) by the Defendant is made at the close of the Plaintiff’s case. A NCTA submission is made when the Defendant considers that the Plaintiff’s case does not prove their case on a balance of probabilities.
What is the effect of no case submission?
When a no case submission is made, it basically means that the defendant is asking the court for an acquittal without it having to present a defence.
What is a no case submission in law?
In a jury trial, a no case’submission is made when the jury is not in the courtroom. If the ‘no case’ submission succeeds, the jury is brought back into the courtroom and the judge directs the jury to find the accused not guilty. If the ‘no case’ submission fails, the defence then presents its case to the jury.
What is the outcome of passing a motion of no case to answer?
According to the section 200(1) of the Code of Criminal Procedure, when there is no evidence to prove the case levelled against the accused, then the court has to record a verdict of acquittal without calling accused’s defence.
What is meant by no case to answer?
A ‘no case to answer’ submission is a legal argument put to the Court at the conclusion of the prosecution’s case. The case says that such a submission should certainly be allowed when there is no evidence that a crime has been committed by the defendant.
Who can make a submission of no case to answer?
defendant
At the close of the prosecution’s case during a criminal trial, the defendant may make a motion that there is no case for the defendant to answer (similar to a motion for a directed verdict in a United States court).
What do you mean by no case to answer?
No case for the defendant to answer (sometimes shortened to no case to answer) is a term in the criminal law of some Commonwealth states, whereby a defendant seeks acquittal without having to present a defence, because of the insufficiency of the prosecution’s case.
What does the judge do if it agreed there is no case to answer?
If the judge agrees, then the matter is dismissed and the defendant is acquitted without having to present any evidence in their defence. Because a judge’s refusal to uphold such a submission may potentially bias a jury’s decision, a submission of no case to answer is usually heard in the absence of the jury.
When can a submission of no case to answer be made?
A defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before the defendant calls any evidence.
Are there any cases where there is no case to answer?
There will of course, as always in this branch of the law, be borderline cases. They can safely be left to the discretion of the judge. — R v Galbraith (1981) 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.
When to submit that there is no case to answer?
General test. 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.
What happens if an accused claims trial in Singapore?
If the accused claims trial, a pre-trial conference will be arranged for his case. The accused might then be put on bail, or placed in pre-trial remand till his pre-trial conference. The following infographic is a summary of the criminal trial process in Singapore: (Click on the image to download it in a new tab.)
Can a Crown Court hear a no case to answer case?
There will of course, as always in this branch of the law, be borderline cases. They can safely be left to the discretion of the judge. 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.
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