{
  "url": "https://openlegislation.uk/draft-armed-forces-court-martial-rules-2009/article-104",
  "json_url": "https://openlegislation.uk/draft-armed-forces-court-martial-rules-2009/article-104.json",
  "legislation": "ukdsi/2009/9780111479216",
  "legislation_title": "The Armed Forces (Court Martial) Rules 2009",
  "legislation_url": "https://openlegislation.uk/draft-armed-forces-court-martial-rules-2009",
  "path": "article/104",
  "kind": "article",
  "number": "104",
  "heading": "Submission of no case to answer",
  "text": "(1) 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.\n(2) 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.\n(3) If such a submission is allowed, the judge advocate shall direct the lay members to find the defendant not guilty of the charge.\n(4) This rule is subject to section 6 of the Domestic Violence, Crime and Victims Act 2004.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "2004 c. 28; section 6 of the Domestic Violence, Crime and Victims Act 2004 is applied to the Court Martial by section 8 of that Act (as amended by paragraph 238 of Schedule 16 to the Armed Forces Act 2006)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2009/9780111479216/article/104",
    "retrieved_at": "2026-10-30T14:57:31.031139+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}