No case for the defendant to answer (sometimes shortened to no case to answer) is a term in the

criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...

of some

Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...

states, whereby a defendant seeks

acquittal In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...

without having to present a defence, because of the insufficiency of the

prosecution A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...

's case. The

motion In physics, motion is the phenomenon in which an object changes its position with respect to time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed and frame of reference to an observer and mea ...

is infrequently used in

civil cases Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law r ...

where the defendant asserts that the plaintiff's case is insufficient to prove liability. At the close of the prosecution's case during a

criminal trial Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...

, 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 law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, ...

in a United States court). If the judge agrees, then the matter is dismissed and the defendant is acquitted without having to present any

evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...

in their defence. If the judge does not accept the submission, the case continues and the defence must present their case. Because a judge's refusal to uphold such a submission may potentially bias a

jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...

's decision, a submission of no case to answer is usually heard in the absence of the jury.

England and Wales

General test

The general approach to be followed was described by Lord Lane CJ: 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.

Application in identification cases

When, in the judgment of the trial judge, the quality of the identifying evidence is poor, as for example when it depends solely on a fleeting glimpse or on a longer observation made in difficult conditions (for example, in bad weather, poor lighting or in a fast moving vehicle), the judge should withdraw the case from the jury and direct an acquittal unless there is other evidence which goes to support the correctness of the identification.

Application in confession cases

See ''MacKenzie'' (1992) 96 Cr App R 98.

Application where it is not clear which crime has been committed

Where it is clear that an accused has committed an offence but it is impossible to say which offence was committed, neither crime can be left to the jury.''Bellman'' 989AC 836. Similarly, where it is possible to say that one defendant definitely committed a crime, but it is not possible to say which defendant and there is no evidence of joint enterprise, both must be acquitted.

Application where part of the evidence is silence

There may be no conviction based wholly on silenceCriminal Justice and Public Order Act 1994
s. 38. and the judge must withdraw a case from the jury if the only evidence tendered by the prosecution is the defendant's silence in interview.

Malaysia

In the Malaysian Syariah Court (a

sharia Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...

civil court), after the plaintiff has offered their evidence, the defendant may make a submission to the court that there is no case to answer.
Syariah Court Civil Procedure (Federal Territories) Act 1998
'

Scotland

The procedure is governed b
section 97
of the

Criminal Procedure (Scotland) Act 1995 Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...

, which states that:

(1) Immediately after the close of the evidence for the prosecution, the accused may intimate to the court his desire to make a submission that he has no case to answer both— (2) If, after hearing both parties, 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 in respect of which the submission has been made or of such other offence as is mentioned, in relation to that offence, in paragraph (b) of subsection (1) above, he shall acquit him of the offence charged in respect of which the submission has been made and the trial shall proceed only in respect of any other offence charged in the indictment. (3) If, after hearing both parties, the judge is not satisfied as is mentioned in subsection (2) above, he shall reject the submission and the trial shall proceed, with the accused entitled to give evidence and call witnesses, as if such submission had not been made. (4) A submission under subsection (1) above shall be heard by the judge in the absence of the jury.

Sri Lanka

In a criminal trial, the prosecution has to prove the case against the accused beyond the reasonable doubt. 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. In the case ''The Attorney-General v. Baranage'' (2003) 1 Sri.L.R 340 has explained whether on what stage the court is entitled to make an order in accordance with aforesaid section. In this case The Court of Appeal of Sri Lanka has stated that "if no reasonable person can place any reliance on such evidence, then it is a situation where there is no evidence."

Notes

References

{{reflist, 2 Criminal procedure Evidence law