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A work colleague was assaulted & sustaind serious injury. The case went to court and after 5 days the person was found not guilty. He has just found out that the reason given by the police was "No case to answer".

Can anyone explain how this works?

2007-09-18 01:43:28 · 11 answers · asked by lee o7 1 in Politics & Government Law Enforcement & Police

11 answers

If it had gone to court it would have been beyond the police powers so would have been the courts who said there was no case to answer not police.
At the end of the Crown case, the defence can pursue a no case to answer submission in terms of Section 97 of the Criminal Procedure Scotland Act 1995.
Such a submission will only succeed if there is not enough evidence to convict the accused either of an offence on the indictment or on any other offence of which he could be convicted under the indictment.

2007-09-18 01:46:35 · answer #1 · answered by JustJem 6 · 4 0

If the case went to court then what happens is that after the prosecution upon whom the onus falls to prove guilt has not presented sufficient evidence to prove the charges the defence will put a motion to the judge stating their reasons why they feel the case has not been proved and basically asking the judge if he feels the same way and that to continue with the trial would be a waste of time.The judge will assess the evidence presented and if for instance the crime was theft and no dishonesty has been established he would dismiss the case 'no case to answer'.This has nothing to do with the CPS other than they or the prosecutor didnt prepare well.

2007-09-18 03:21:03 · answer #2 · answered by frankturk50 6 · 2 0

Citing the Benoit case is the easiest way for someone uniformed about wrestling to argue against wrestling. To characterize all wrestlers as child-murderers is completely illogical, and I think most of the bashers already realize this. It's like saying all NFL players are dog-killers and all MLB players are on steroids. Those kinds of generalizations makes no sense. Most of the Benoit questions I see are pointless. The logic behind them seems to be: if I can't use reason, then I'll appeal to shock value.

2016-05-17 12:27:18 · answer #3 · answered by ? 3 · 0 0

No case to answer is a loosely legal expression used in England but perhaps not in the United States. It basically means that despite thorough investigation, insufficient evidence has been obtained to justify taking the
case before a court of law. It has been suggested to me by some American researchers that perhaps the American equivalent would be "No charge to file." Hope this helps!

2007-09-18 01:48:46 · answer #4 · answered by Anonymous · 2 1

No doubt another **** up by the CPS who appear to employ second rate solicitors. A Private Prosecution will cost thousands of pounds. A very unfair justice system we have in this country.

2007-09-18 11:36:11 · answer #5 · answered by flint 7 · 0 0

I've been accused of assault and criminal damage. (i was really drunk and i feel terrible). Despite having witnesses against me, i disputed the case with the cops. denied any involvement and prepared a bullet proof defence. when they brought it to the CPS, they decided not to go ahead and i was off the hook! Similar thing. Despite the witnesses, they felt i could probably get away with it in court so decided not to waste tax payers money on it. Even tho it was only minor damage and injuries, i felt really bad about getting away with it. Nowadays, even victims need to be on their toes

2007-09-18 01:51:55 · answer #6 · answered by Anonymous · 0 2

Almost certainly the CPS threw it out - probably on the grounds of insufficient evidence.

2007-09-18 01:46:21 · answer #7 · answered by Sal*UK 7 · 1 1

Lack of evidence that will stand up in court.

2007-09-18 02:01:26 · answer #8 · answered by Duffer 6 · 0 1

c.p.s thought there was insufficent evidence,you could how ever take out a private summons.hope this helps

2007-09-18 01:50:06 · answer #9 · answered by HaSiCiT Bust A Tie A1 TieBusters 7 · 1 1

look up C.P.S web site it explains all you want to know.

2007-09-21 02:47:14 · answer #10 · answered by country bumpkin [sheep nurse] 7 · 0 0

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