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No Case to Answer

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 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)].

No Case to Answer  :  Last Revised: Thu Mar 1st 2018
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