You are the authorised court officer (formerly known as cour…
You are the authorised court officer (formerly known as court legal adviser) in the case of Orin who is on trial in the magistrates’ court charged with affray (an either-way public order offence). It is alleged that Orin was involved in a violent disturbance outside a pub. Orin accepts that he was present but denies that he was involved in the violence. The prosecution case relies solely on the evidence of Simon, who, in examination-in-chief, gave evidence that he saw Orin throw bottles in the street, that Orin punched and kicked numerous people and that his behaviour was “out of control”. Under cross-examination, Simon accepted that he had been drinking on the evening of the incident but denied being drunk. He also accepted that he could not remember how many bottles Orin threw or how many punches and kicks Orin delivered to others. He could not recall how many people were involved in the incident. Simon accepted that he had a previous conviction for shoplifting three years ago for stealing food when he was homeless. Following the close of the prosecution case, the defence make a submission of no case to answer. This is opposed by the prosecution. What is the correct advice for you to give the magistrates following the defence submission of no case to answer?