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MPotter

No case to answer

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MPotter

Is it legal for a defendant to plead "No case to answer" in court instead of "guilty" or "not guilty" or is it an offence?

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Chief Cheetah

Legal Disclaimer

This area of the forum is intended for members to seek advice on Law and Police Procedures applicable to England & Wales. Just like you would pop into your local police station to should the need arise. Any advice on a specific area of law is from either currently-serving UK police officers, and is offered to the best of their ability, or from members of the public who are perhaps aspiring to be serving police officers and may not hold the necessary level of knowledge to provide such assistance or by any other member who may offer their opinion. Either way such advice can only be treated as an opinion and nothing more.

Members should look for the Verified Members Badge that appears on the posters name as advice from members holding this badge are verified police employees. The information is based on their own individual experiences, expertise and training. It is stressed, however, that if any information or advice found in these forums is used by any person or organisation, then the respective police officer(s) and staff can not and will not take any responsibility for any outcome in any investigation in a criminal or civil enquiry. Any advice or opinion offered is to the best of the individuals knowledge and ability based on the information you have supplied, and we will stress that we will never be knowingly misleading or untruthful in content.

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MPotter

Thanks Chief, I'm aware of this disclaimer and can confirm that I am not asking in order to avoid any impending prosecutions.

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MPotter

I meant that I'm not asking in order to avoid any penalties.

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BlueBob

No, its plain and simple guilty or not guilty at the start and the same options at the outcome

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Funkywingnut
14 minutes ago, BlueBob said:

No, its plain and simple guilty or not guilty at the start and the same options at the outcome

You can also choose not to enter a plea.

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SD

It’ll just be treated as no plea entered.

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chaos4122

No case to answer is another way of saying not guilty...

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Hyphen

@MPotter I mean this in the nicest way, why can’t you just either say guilty or not guilty?

I don’t know why it always has to be awkward or people trying to be a smart Alec.

Surely this is something that would be best discussed with a solicitor anyway as part of legal advice?

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Indiana Jones

No case to answer is the same as not guilty.

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bensonby

A no case to answer submission can be made when the prosecution finishes their case. It means, essentially, that the defence is saying that the prosecution have failed to prove a case on the evidence offered and that there is no need to mount a defence. If the court accepts this then they can acquit at that point. If they don’t then the defence can plead their case and introduce their evidence.

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BlueBob

No case to answer isn’t a plea as such, it’s usually made at the point where Defence want to claim the outcome would be not guilty (simplified).  Not entering s plea is proceeded as a not guilty one

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MPotter
13 hours ago, Hyphen said:

@MPotter I mean this in the nicest way, why can’t you just either say guilty or not guilty?

I don’t know why it always has to be awkward or people trying to be a smart Alec.

Surely this is something that would be best discussed with a solicitor anyway as part of legal advice?

I'm asking because this is the advice a former PC gave me.

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Lone Wolf

Maybe ask your solicitor?

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bensonby
8 hours ago, Lone Wolf said:

Maybe ask your solicitor?

I’ve just noticed who has posted this 🙄

Edited by bensonby

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