{
  "url": "https://openlegislation.uk/naval-courts-martial-general-orders-royal-navy-1991/article-47",
  "json_url": "https://openlegislation.uk/naval-courts-martial-general-orders-royal-navy-1991/article-47.json",
  "legislation": "uksi/1991/2737",
  "legislation_title": "The Naval Courts-Martial General Orders (Royal Navy) 1991",
  "legislation_url": "https://openlegislation.uk/naval-courts-martial-general-orders-royal-navy-1991",
  "path": "article/47",
  "kind": "article",
  "number": "47",
  "heading": "Submission of no case to answer",
  "text": "–\n(1) At the close of the case for the prosecution, the accused may submit to the court, in respect of any charge, that the prosecution has failed to establish a prima facie case for him to answer and that he should not be called upon to make his defence to that charge. If the accused makes such a submission, the prosecutor may address the court in answer thereto and the accused may reply to the prosecutor’s address. The judge advocate shall then advise the court on the legal issues arising and the tests to be applied.\n(2) The court shall allow the submission if they are satisfied that–\n(a) the prosecution has not established a prima facie case on the charges laid; and that\n(b) it is not open to them on the evidence adduced to made a special finding under either section 67 or 68 of the Act.\n(3) If the court allow the submission they shall find the accused not guilty of the charge to which it relates and announce this finding in open court forthwith; if the court disallow the submission they shall proceed with the trial of the offence as charged.\n(4) Irrespective of whether there has been a submission under this Order or not, the court may at any time after the close of the hearing of the case for the prosecution, and after hearing the prosecutor, find the accused not guilty of a charge, and if they do so they shall announce such finding in open court forthwith.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/2737/article/47",
    "retrieved_at": "2026-10-29T14:33:13.386859+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."
}