The submission of ‘No case to answer’ in criminal proceedings

If at the close of the case for the prosecution counsel for the defence considers that no case has been made out for the accused to answer he may make a submission that there is I no case to answer. The meaning, scope and effect of this submission have given rise to much controversy and misunderstanding and the author examines in this article the authorites and he attempts to state the law as clearly as possible. Sections: The scope of the submission of no case to answer – Effect of a successful submission – The position on appeal where a submission of no case is wrongly overruled – Present position of the law: criticism and suggestion. Notes.