Many people assume that once a police investigation has begun, the only option is to wait and see whether charges are brought. In reality, important decisions about whether a case proceeds are made long before any hearing takes place. In many situations, early legal intervention can influence whether a prosecution is brought at all.
This article explains how charging decisions are made, whether a case can be stopped before court, and the steps that may sometimes be taken during a criminal investigation.
Can Charges Be Dropped Before a Court Date?
The phrase police “dropping charges” is widely used, but it often does not accurately reflect what actually takes place. The key question is not whether charges will later be dropped, but whether a suspect will be charged at all.
Who Decides Whether Someone Is Charged?
The decision to charge is sometimes made by the police and sometimes by the Crown Prosecution Service (CPS), depending on the alleged offence.
For many lower-level offences, the police have the authority to bring charges themselves. However, in more serious cases, such as sexual offences or domestic allegations, the police must refer the file to the CPS for a charging decision.
In order for charges to be brought, the CPS must apply what is known as the Full Code Test. This involves a two-stage assessment.
The first stage is the evidential test – prosecutors must assess the strength of the evidence and decide whether there is a “realistic prospect of conviction”. This means considering whether a court is more likely than not to convict based on the evidence currently available.
If that evidential threshold is met, prosecutors then move to consider the second stage – whether bringing the prosecution is in the public interest.
Both stages must be satisfied before a charge can be authorised. If either the evidential test or the public interest test is not met, the case should not proceed.
This means that if weaknesses in the proposed prosecution case can be identified and brought to the attention of the investigating officer or prosecutor, the likelihood of the matter being dropped (recorded as No Further Action) may increase.
What Can a Criminal Defence Solicitor Do Before Charges Are Brought?
A criminal defence solicitor who specialises in pre-charge engagement can proactively review the evidence in a case and identify weaknesses in the proposed prosecution. It is also important to consider whether there are further lines of enquiry that should be pursued by the police.
In some situations, defence solicitors can suggest investigative steps that may assist the case, secure defence evidence such as digital material, or obtain witness statements that provide important context to the events under investigation.
Another important consideration is whether there may be an argument that a prosecution would not be in the public interest. There may be significant mitigating circumstances, such as mental health issues or a genuine misunderstanding that played a crucial role in the alleged offence. In those circumstances, it may be argued that while an offence may technically have occurred, it would not be fair or proportionate for the matter to proceed to prosecution.
In appropriate cases, solicitors may also make written representations to the police or the Crown Prosecution Service before a charging decision is made, setting out evidential issues or public interest arguments.
Can a Victim Drop Charges in the UK?
A common misconception is that the person who made the complaint has complete control over whether criminal proceedings continue. In England and Wales, criminal prosecutions are brought by the state. Once a complaint has been made, the police and the Crown Prosecution Service decide whether to bring or continue proceedings.
What Happens If Someone Withdraws Their Statement?
Occasionally a complainant may inform the police that they no longer wish to pursue the matter and may provide what is known as a withdrawal statement. If the case has already reached court, the prosecution may consider whether to apply for a witness summons, although this will not be appropriate in every case.
In some circumstances, a prosecution may continue even without the complainant’s evidence. For example, there may be independent witnesses to the incident or other evidence such as CCTV footage that can be relied upon.
Can Charges Be Dropped After Someone Has Already Been Charged?
The Crown Prosecution Service has an ongoing duty to review the evidence in every case. If new information comes to light, or if the evidential test is no longer met, the prosecution may decide to discontinue proceedings before trial.
This sometimes occurs where new evidence undermines the prosecution case or where representations are made to prosecutors highlighting weaknesses in the evidence.
Why Early Legal Advice Can Be Important
Many people only seek legal advice once they have been charged and given a court date. By that stage the investigation has already concluded and the stressful legal proceedings have commenced.
Obtaining advice earlier in the process can allow a defence solicitor to review the evidence, identify potential lines of enquiry, and advise on the best approach during the investigation stage.
While not every case can be stopped before court, there are situations where early engagement with the evidence and the prosecution authorities can make a meaningful difference to how a case progresses.
If you have been arrested or are facing a police investigation, our criminal law solicitors can help. Please get in touch through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at [email protected].