Prior to an answer charge hearing , a defendant can file and serve a notice asserting that there is no case to answer with respect to the charge [Criminal Procedure Act 1921 (SA) s 112(1)]. The prescribed form is a Form 121 Notice of Intention to Assert No Case to Answer, and must be filed and served at least 14 days before the answer charge date [Joint Criminal Rules 2022 (SA) r 86.1].

The notice must specify why the defendant asserts that there is no case to answer [s 112(3)(b)].

The defendant will then be given the opportunity to be heard on the application including giving or calling an evidence and making submissions in support of the application [s 114(1)(d)].