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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

No Case to Answer

Paul Bradfield

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedias of International Law [MPIL]

Module:
Max Planck Encyclopedia of International Procedural Law [MPEiPro]
Article last updated:
June 2022

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 May 2023

Subject(s):
Presumption of innocence — Due process — Burden of proof — Standard of proof

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 In the common law legal tradition, following the close of the prosecution case, an accused person is typically entitled to make an application that there is ‘no case to answer’. That is, taking the prosecution’s evidence at its highest, there is insufficient evidence upon which a conviction could be entered against them, a test that was pronounced in the seminal case of R v Galbraith, 1981, 1039. An affirmative finding upon such an assessment, ie that an accused person does have a case to answer, would result in the trial proceeding to the defence case, if any,...
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