If the judge agrees, then the matter is dismissed and the defendant is acquitted without having to present any evidence in their defence.
They can safely be left to the discretion of the judge.In a trial in the Crown Court, a submission by counsel that there is no case to answer is heard in the absence of the jury.
[2] When, in the judgment of the trial judge, the quality of the identifying evidence is poor, as for example when it depends solely on a fleeting glimpse or on a longer observation made in difficult conditions (for example, in bad weather, poor lighting or in a fast moving vehicle), the judge should withdraw the case from the jury and direct an acquittal unless there is other evidence which goes to support the correctness of the identification.
[6]: §126 The procedure is governed by section 97 of the Criminal Procedure (Scotland) Act 1995, which states that: (1) Immediately after the close of the evidence for the prosecution, the accused may intimate to the court his desire to make a submission that he has no case to answer both— (2) If, after hearing both parties, the judge is satisfied that the evidence led by the prosecution is insufficient in law to justify the accused being convicted of the offence charged in respect of which the submission has been made or of such other offence as is mentioned, in relation to that offence, in paragraph (b) of subsection (1) above, he shall acquit him of the offence charged in respect of which the submission has been made and the trial shall proceed only in respect of any other offence charged in the indictment.
[7] In the case The Attorney-General v. Baranage (2003) 1 Sri.L.R 340 has explained whether on what stage the court is entitled to make an order in accordance with aforesaid section.