Solicitors Qualifying Examination (SQE) Practice Exam 2025 - Free SQE Practice Questions and Study Guide

In order for a defendant to submit a no case to answer, the prosecution must demonstrate that the evidence presented is unreliable or has been discredited. A no case to answer submission essentially argues that the prosecution has failed to reach the legal threshold necessary to maintain the case. Specifically, the evidence must be so lacking in strength, credibility, or coherence that it would not be reasonable for a jury properly to convict based on that evidence.

Prosecution evidence might be discredited through cross-examination or by the introduction of contrary evidence that significantly weakens the prosecution's case. If the defence can effectively demonstrate that the prosecution's evidence does not establish a case to be considered by a jury, then the court may grant the no case to answer submission, resulting in the dismissal of charges without the defendant needing to present their own evidence.

In contrast, a lack of witnesses does not automatically lead to a no case to answer, nor does the need for all charges to be dismissed in advance or asserting that only a confession constitutes sufficient evidence. Each of these scenarios does not address the crucial aspect of evidence quality that is central to the concept of a no case to answer.