Can Crown Court Throw Out A Case Due To Lack Of Evidence At A Plea Hearing?

[timmyjimmy1981]

My relative has suffered domestic abuse and her partner was arrested and put before magistrates who transferred the case to crown court. It was his plea hearing last week and he never entered a plea his barrister asked for it to be thrown out as there was no evidence. the prosecution said they had not had enough time to gather this evidence plus my relative is refusing to cooperate. My question could this be thrown out before Trial? im not happy with the invesytigation into this case as the police have not even contacted our family at all.

[New Judge]

The case cannot be thrown out at the Plea and Case Management Hearing. Your relative's barrister can make an application to the court to have the matter dismissed. This would require a separate hearing where the evidence must be examined by the trial judge. It obviously cannot be done before all the evidence is available but the barrister could apply to the judge to set a deadline by which time all the evidence must be available.

[BestAdvice]

The case cannot be set aside without a formal application and another hearing when the evidence is available to the judge. Its quite common for the crown prosecution service to be late producing evidence.....
The defence barrister can ask that the judge sets a specific date for evidence to be produced.
When you say the police have not contacted our family....if the case is dependent on a specific attack which was not witnessed by anyone in your family they shouldn't ask for statements. These statements would be hearsay as as not actual witness statements

[New Judge]

Yes, you need to ask yourself why would the police contact your family unless they were witness to any of the allegations with which he has been charged.

Another question you might like to ask your relative is why has he withheld his plea? If he is not guilty then he should make the appropriate plea. There is nothing to be gained in not doing so as a Not Guilty plea has obviously been entered on his behalf (hence the plea and case management hearing).