26 June 2008
Prosecution Appeal (No 32 of 2007); R v N Ltd [2008] EWCA Crim 1223, [2008] All ER (D) 112 (Jun)
There is no jurisdiction for a judge to find, before the close of the prosecution case, that there was no case to answer. There is sound reason for the jurisdiction to entertain a submission that there is no case to answer to be exercised at the close of the crown case. It is then that it is known for certain what the evidence actually is. Until then, the most that can be known is what it is expected to be.
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