06/06/17

‘No Case To Answer’ Half-Time Submissions | Kangs Criminal Solicitors

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At the end of the presentation to the court of the prosecution case, one or more defence teams may be faced with the decision as to whether or not legal argument should be put to the judge in support of the proposition that, based on the prosecution evidence, there is ‘no case to answer’ and the trial against the defendant, or more than one, in multiple submissions, should cease.

Cagin Husnu of Kangs Solicitors explains the nature of such applications.

The Procedure | Kangs Trial Solicitors

  • the guidelines for half-time submissions are contained in the case of R v Galbraith [1981] 1 WLR 1039 which states that a submission should be allowed when there is no evidence that a crime has been committed by a defendant.
  • submissions are made to the judge, in the absence of the jury, as the decision is his alone.
  • the Defence Advocate will put forward representations as to why a jury could not properly convict the Defendant he represents.
  • the Prosecution will then have the opportunity to respond
  • the Judge will consider the points put to him before making a ruling.

Consequences Of The Judge’s Ruling | Kangs Crown Court Solicitors

Application Upheld

Upon ruling in favour of the Defendant by accepting that a jury could not safely convict the Judge will invite the jury to return to the court room and direct them to confirm a Not Guilty verdict thereby  acquitting the defendant  of all charges.

Application Rejected

If the Judge is of the view that there is a case to answer before a jury he will rule in favour of the Prosecution and the trial will continue.

The jury will not be made aware of the nature of the hearing before the Judge.

Contact Us | Kangs Criminal Defence Solicitors

Our team is here to help you and we have a proven track record of securing acquittals for our clients, be it through half-time submissions or not guilty verdicts from juries at the conclusion of trials.

If you find yourself invited to an interview with the police or if you have been charged and are due to attend Court please do not hesitate to contact our team through any of our below mentioned solicitors who will be pleased to assist you.

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

Sukhdip Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521 210 (24hr Emergency Number)

Helen Holder
hholder@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

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