Article 104 Submission of no case to answer

At the close of the case for the prosecution a defendant may submit, in respect of any charge, that the Director has failed to establish a case for him to answer.

Without prejudice to the generality of rule 38, the judge advocate shall hear and rule on such a submission in the absence of the lay members.

If such a submission is allowed, the judge advocate shall direct the lay members to find the defendant not guilty of the charge.

This rule is subject to section 6 of the Domestic Violence, Crime and Victims Act 2004^f1.