# The Armed Forces (Court Martial) Rules 2009, Article 104: Submission of no case to answer


(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.
(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.
(3) If such a submission is allowed, the judge advocate shall direct the lay members to find the defendant not guilty of the charge.
(4) This rule is subject to section 6 of the Domestic Violence, Crime and Victims Act 2004.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111479216/article/104 (the official version)
Page: https://openlegislation.uk/draft-armed-forces-court-martial-rules-2009/article-104
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.