Yes, criminal charges can be dropped before going to trial in England and Wales, usually by the prosecution. This most often happens when the evidence is insufficient, a key witness withdraws, or continuing the case is no longer in the public interest. The decision is typically made by the Crown Prosecution Service (CPS) and is guided by application of the Full Code Test.
What Does it Mean for Charges to be Dropped?
If a charge is dropped in England or Wales, it is a way of saying that the Crown Prosecution Service have made the decision not to continue with the prosecution of the accused. This can happen before a case gets to court, and also when proceedings have started but before any verdict.
There are many reasons that may lead to a case being dropped including but not limited to:
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Insufficient evidence to meet the Full Code Test
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Witnesses withdrawing or being unreliable
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New evidence undermining the case
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It is no longer considered in the public interest to proceed
Charges being dropped does not mean that the accused has been found innocent of the alleged offences, it means the CPS decided not to proceed.
The procedures for dropping charges are governed by rules set out in the Criminal Procedure Rules 2015, which outline how criminal cases are managed in the courts.
Charges Dropped Vs Case Dismissed
When a charges are dropped this is the decision of the CPS, when a case is dismissed this is a decision taken by a judge at court often because there is no case to answer to i.e. the evidence presented is insufficient to amount to an offence, evidence is inadmissible which means it cannot legally be used to prosecute the accused, or procedural errors have occurred.
Charges Dropped Vs No Further Action
A no further action decision is usually made before charges arises at the stage of the police investigation. The CPS can be involved in making the decision to no further action a case, particularly in serious cases which may involve sexual and domestic abuse. No further action is usually taken where the case is not meeting the evidential standard for there to be a realistic prospect of conviction.
Who Has the Power to “Drop” Criminal Charges?
The only authority with the power to drop charges against the accused is the Crown Prosecution Service. During the preparation of a case for trial the CPS have a continuous duty to review their position and to ensure that the prosecutions case continues to meet all elements of the Full Code Test.
Common Reasons Charges are Dropped in Sexual Offence Cases
Sexual Offence cases are one of the most common criminal offences the CPS and courts currently deal with, they are taken very seriously and prosecuted robustly. However, they can also be very difficult offences to prosecute because the evidence often comes down to one persons word against another, which means credibility can be crucial in such cases. Charges are dropped in sexual offence cases and it is most commonly due to evidential issues that arise as trial preparation is underway.
As defence lawyers specialising in this niche area of law, we often find that the police investigation stage of sexual offence cases is very “victim” focused, and often investigators are too prosecution minded they fail to explore external factors which assist the accused. This often leads to these external factor being identified by the defence, presented to the prosecution and changing the shape of the case, and the evidential strength of the prosecution these factors can include; information used in family court proceedings between the parties, defence witnesses the police didn’t speak with, phone records, third party material in existence elsewhere that benefits the accused.
Common Reasons Charges are Dropped in Domestic Abuse Cases
Witnesses withdrawing support for a prosecution is the most common reason domestic abuse cases are dropped. Allegations of this nature are often made when one party to a relationship is emotionally charged by either anger or upset and do not actually intend to take the issues they have with their partner as far as the police and CPS potentially would.
At Eventum Legal we are often contacted by complainants in domestic offence cases, asking for our advice as to how they can withdraw their statement and help their partner.
However, there are complainant’s who remain supportive of a prosecution and in this instance the defence strategy is to undermine the allegations being made against the accused by demonstrating inconsistencies, evidence of behaviour which disproves the offences, or pointing the prosecution to review proceedings in other courts such as the family court. It is not uncommon for domestic abuse to be alleged when family proceedings are underway concerning marital finances or child arrangements.
Does Having a Solicitor Increase the Chances of Charges Being Dropped?
Defence lawyers can have a huge impact on the decisions made by the police and the CPS concerning their client. With a strong understanding of the legal and procedural processes, our defence lawyers are able to identify evidential weaknesses and know exactly where to look and which arguments to raise which have the capability of undermining a prosecution.
This information identified would be prepared and submitted by way of representations, at Eventum Legal we submit representations both before charge, with the goal being to achieve no further action against our client, and also after charge, with a view to the prosecution dropping charges.
Lawyers can also prepare and submit carefully written legal arguments, which may address both evidential and procedural irregularities.
Obtaining legal advice when accused of a sexual or domestic offence is crucial to give you the best chance of matters being resolved as early as possible.
What Happens After Charges Are Dropped?
The case is officially discontinued and if the accused was subject to any bail conditions they no longer stand. The accused does have the right to apply for their criminal record to be remove, as there may be a record of arrest on file. The removal of this is not automatic and applications must be made through Criminal Records Office. Any criminal record of arrest may also show on an enhanced DBS check, therefore the affects of the charges may be still cause difficulties in other areas of the accused’s life unless dealt with appropriately.
Can Charges Be Reinstated After Being Dropped?
Yes, charges can be re-instated after being dropped but this is extremely rare and usually arises where new and compelling evidence comes to the attention of the CPS which leads them to review their decision to drop charges.
Frequently Asked Questions:
Can charges be dropped if the complainant withdraws their statement?
This is a misconception, withdrawal of the statement made by the complainant does not automatically mean the CPS will drop the case. The prosecution can proceed with a what is referred to as a victimless prosecution – they will rely on other evidence which may support their case.
Can the CPS drop charges before the first court hearing?
Yes, the CPS can drop charges at any stage of a case, having the involvement of lawyers increases the likelihood of charges being dropped as early as possible.
Will dropped charges appear on a DBS check?
This depends on the nature of the check being carried out, an enhanced DBS check is likely to show a charging decision against you but only if the police deem the information held to be relevant to the role, and that it is necessary and proportionate to make disclosure of the charge.