Learning Outcomes
After reading this article, you will be able to explain and apply the rules and principles governing submissions of no case to answer in both magistrates’ court and Crown Court trials. You will understand the Galbraith Test, when and how a submission is made, the legal effect of a successful or unsuccessful submission, and the strategic considerations for defence lawyers. You will also be able to identify common pitfalls and apply these principles to SQE1-style scenarios.
SQE1 Syllabus
For SQE1, you are required to understand the procedural and evidential rules relating to submissions of no case to answer in criminal trials. In your revision, focus on:
- the meaning and purpose of a submission of no case to answer
- the Galbraith Test and its application
- the procedural steps for making a submission in magistrates’ court and Crown Court
- the legal consequences of a successful or unsuccessful submission
- the strategic factors for defence lawyers when deciding whether to make a submission
- how to apply these rules to practical scenarios in the SQE1 exam.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the Galbraith Test, and when is it applied in a criminal trial?
- Who decides a submission of no case to answer in the magistrates’ court, and what is the effect of a successful submission?
- What are the two main grounds on which a submission of no case to answer can be made?
- In the Crown Court, what is the role of the judge and jury when a submission of no case to answer is made?
Introduction
In criminal trials, the defence may argue that the prosecution’s evidence is insufficient to justify a conviction. This is done by making a submission of no case to answer at the close of the prosecution’s case. The submission is a key procedural safeguard, ensuring that a defendant is not required to answer a charge where the prosecution has failed to present evidence on which a reasonable tribunal could convict.
Key Term: submission of no case to answer A formal argument by the defence, made at the close of the prosecution’s case, that the prosecution’s evidence is insufficient to justify a conviction and that the case should be dismissed without the defence being required to call evidence.
The Galbraith Test
The legal standard for determining a submission of no case to answer is set out in the leading case of R v Galbraith [1981]. This is known as the Galbraith Test.
Key Term: Galbraith Test The legal test applied by the judge (or magistrates) to decide whether there is sufficient evidence for the case to proceed to verdict. It asks whether there is any evidence on which a reasonable tribunal could properly convict.
The Galbraith Test has two main limbs:
- No evidence limb: If there is no evidence on which a reasonable tribunal could convict, the case must be stopped and the defendant acquitted.
- Unreliable or tenuous evidence limb: If there is some evidence, but it is so weak, inconsistent, or discredited that no reasonable tribunal could safely convict, the judge (or magistrates) should also stop the case.
If, however, the evidence is merely weak or open to interpretation, but a reasonable tribunal could convict, the case should proceed and the tribunal of fact (jury or magistrates) must decide the outcome.
Worked Example 1.1
A defendant is charged with burglary. The only evidence is a single eyewitness who admits in court that they could not see the burglar’s face and were not wearing their glasses. The prosecution closes its case.
Question: Should the defence make a submission of no case to answer, and what is the likely outcome? Answer: Yes. The defence should submit there is no case to answer as the only evidence is so weak and unreliable that no reasonable tribunal could convict. The judge or magistrates should uphold the submission and acquit the defendant.
Procedure in the Magistrates’ Court
In the magistrates’ court, after the prosecution has closed its case, the defence may make a submission of no case to answer. The magistrates (or district judge) must then apply the Galbraith Test to the prosecution’s evidence.
If the submission is upheld, the magistrates acquit the defendant immediately. If it is rejected, the trial continues and the defence may call evidence.
Key Term: magistrates’ court submission In the magistrates’ court, the tribunal of fact and law is the same (the magistrates or district judge). They decide the submission and, if rejected, continue to hear the case.
Worked Example 1.2
A defendant is charged with assault occasioning actual bodily harm. The prosecution calls the complainant, who testifies to being punched but gives no evidence about any injury, and no medical evidence is produced.
Question: Is a submission of no case to answer likely to succeed? Answer: Yes. The prosecution has failed to adduce evidence of actual bodily harm, which is an essential element of the offence. The magistrates should uphold the submission and acquit.
Procedure in the Crown Court
In the Crown Court, after the prosecution closes its case, the defence may make a submission of no case to answer. This is heard by the judge in the absence of the jury. The judge applies the Galbraith Test.
If the judge upholds the submission, the judge directs the jury to return a verdict of not guilty. If the submission is rejected, the trial continues and the defence may call evidence.
Key Term: Crown Court submission In the Crown Court, the judge decides the submission of no case to answer. If successful, the judge directs the jury to acquit.
Worked Example 1.3
A defendant is tried for robbery. The prosecution’s only evidence is a confession, which is ruled inadmissible. No other evidence is presented.
Question: What should the judge do if the defence submits there is no case to answer? Answer: The judge should uphold the submission, as there is no admissible evidence on which a jury could convict. The judge will direct the jury to acquit.
Grounds for Submission
A submission of no case to answer can be made on two main grounds:
- The prosecution has failed to adduce evidence on an essential element of the offence.
- The prosecution’s evidence is so discredited, inconsistent, or unreliable that no reasonable tribunal could convict.
If there is some evidence, but it is merely weak or open to interpretation, the case should proceed to verdict.
Key Term: essential element A fact or ingredient of the offence that the prosecution must prove beyond reasonable doubt for a conviction.
Key Term: unreliable evidence Evidence that is so discredited, inconsistent, or weak that no reasonable tribunal could safely convict on it.
Legal Consequences
If a submission of no case to answer is successful, the defendant is acquitted and cannot be retried for the same offence (except in rare circumstances, such as new and compelling evidence for certain serious offences). If the submission is rejected, the defence may call evidence or rest their case.
Strategic Considerations
Defence lawyers must carefully consider whether to make a submission of no case to answer. An unsuccessful submission may reveal the defence strategy or highlight weaknesses to the prosecution. The timing and content of the submission should be considered in light of the judge’s likely approach and the overall strength of the prosecution’s case.
Revision Tip
Before making a submission of no case to answer, review whether the prosecution has proved every element of the offence. If in doubt, make the submission—there is no penalty for trying.
Special Cases and Limitations
- In some offences (e.g., murder, manslaughter, certain road traffic offences), a submission of no case to answer cannot be made until all the evidence (including defence evidence) has been heard.
- The prosecution cannot appeal a judge’s decision to uphold a submission of no case to answer in the Crown Court.
- The judge must consider the prosecution’s evidence as a whole, not in isolation.
Exam Warning
In the SQE1 exam, do not confuse the Galbraith Test with the standard of proof. The Galbraith Test is about whether there is any evidence on which a reasonable tribunal could convict, not whether the prosecution has proved the case beyond reasonable doubt.
Summary
| Court | Who decides? | When made? | Legal test (Galbraith) | Effect if successful |
|---|---|---|---|---|
| Magistrates’ Court | Magistrates/judge | After prosecution closes case | Any evidence on which could convict? | Acquittal |
| Crown Court | Judge (no jury) | After prosecution closes case | Any evidence on which jury could convict? | Judge directs acquittal |
Key Point Checklist
This article has covered the following key knowledge points:
- A submission of no case to answer is made at the close of the prosecution’s case.
- The Galbraith Test determines whether the case should proceed or be dismissed.
- The submission can be made if there is no evidence on an essential element, or if the evidence is so unreliable that no reasonable tribunal could convict.
- In the magistrates’ court, the magistrates decide the submission; in the Crown Court, the judge decides.
- If successful, the defendant is acquitted and cannot be retried for the same offence.
- Defence lawyers must consider the risks and benefits before making a submission.
Key Terms and Concepts
- submission of no case to answer
- Galbraith Test
- magistrates’ court submission
- Crown Court submission
- essential element
- unreliable evidence
