How Can I Get The CPS To Drop The Charges Against Me?

The prospect of facing a criminal trial is an understandably daunting one. It is important to remember, however, that even where you have been charged with a crime, you will not necessarily need to stand trial – especially if you have the right legal strategy. You can instruct our excellent legal team if you hope to have the CPS drop charges. We now have cases dropped by the CPS regularly.

Click here if you have not been charged. We can attempt to get the Police to drop the charges

In some cases, it may be possible to negotiate with the Crown Prosecution Service (CPS) and accept a lesser charge, avoiding the need for a trial. The CPS may agree to issue a caution in certain situations. However, for anyone facing a trial, the best outcome is for the charges to be dropped or dismissed entirely.

At JD Spicer Zeb, we have a strong record of persuading the CPS to drop charges. You can instruct us on Legal Aid or a private basis, and our specialist lawyers can prepare written representations to the CPS on your behalf.

The CPS will only drop charges where there is a compelling reason to do so. This raises important questions about what factors they consider and what steps you can take to encourage the CPS to discontinue a case.

Common factors the police and CPS may consider when deciding whether to drop charges include:

• Risk of serious harm to the victim’s physical or mental health• The defendant’s age, significant ill health or vulnerability• The loss or harm being minor or already remedied• Long delays between the offence, charge or trial• A conviction likely resulting only in a nominal penalty• The matter already being resolved elsewhere, such as through civil proceedings or reconciliation• Public interest or informer-related issues• A caution being more appropriate• The young age of the alleged offender• It being inappropriate to require the victim to attend court

The guidance for simple cautions for adults is set out in the Ministry of Justice’s Simple Caution for Adult Offender Guidance.

Below, we answer common questions about the process and explain what typically happens if you are successful in getting the CPS to drop the charges.

Can a Crown Court case be dropped?

Yes, a Crown Court case can potentially be dropped for various reasons, including lack of evidence against you, if the evidence against you was obtained illegally or if it is not considered in the public interest to continue the case against you. All of these factors can be very subjective, so having the right legal defence can really boost your chances of having your case dropped.

Can the CPS drop charges before court?

Yes, the CPS can drop charges before court in the two ways set out below – formal acquittal and discontinuance. One important advantage of having charges dropped before court is that the charges will then not appear on your criminal record, whereas charges dropped after court proceedings have begun may still appear on your record.

How will the CPS drop charges?

The responsibility of either terminating or pressing ahead with proceedings lies entirely with the CPS. If a prosecutor considers that, for any reason, proceedings should not continue, the CPS will always look to terminate the case at the earliest possible opportunity. The CPS look at the evidential test as to how strong the case is and we have to often remind them that the case may be weak. They must also be satisfied that it is in the public interest to prosecute and show good reason.

There are two main ways charges against you may be dropped:

Formal acquittal

The first way the CPS might drop charges against you is if the prosecution elects to ‘offer no evidence’ in court. This will lead to a formal acquittal, which is akin to a not guilty verdict. In the vast majority of cases, it is very difficult to re-instigate a case after no evidence is offered and the charge will be dismissed by the court.

Discontinuance

Under Section 23 and 23A of the Prosecutions of Offences Act 1985, prosecutors also have the power to discontinue proceedings without the need to obtain the leave of the court. This is referred to as discontinuance. Discontinuance avoids the need for a court hearing and the subsequently unnecessary attendance of the relevant parties.

While discontinuation may be more convenient as you will not have to attend court, it should be noted that it will not lead to acquittal. This means that the prosecution can be restarted at a later date with the same evidence.

Why might the CPS drop charges against you?

There are several reasons why the CPS might drop charges against you and our team can make written representations on your behalf:

Lack of evidence

The most common reason is insufficient evidence. The CPS must be satisfied that there is a realistic prospect of conviction. If the evidence is weak, unreliable or comes from sources lacking credibility, the prosecution may be unable to prove the case and the charges may be dropped.

Illegally obtained evidence

If evidence was obtained unlawfully, it may be ruled inadmissible in court. If this evidence forms a substantial part of the case, the prosecution may no longer have enough material to continue, and the CPS is likely to discontinue proceedings.

Not in the public interest

The CPS must also consider whether pursuing a case is in the public interest. Charges may be dropped if the offence is minor or if prosecuting would not be a proportionate response. When assessing public interest, the CPS will look at:

• The seriousness of the offence
• The suspect’s level of culpability
• Harm caused to the victim
• The suspect’s age and maturity
• The impact on the community
• Whether prosecution is proportionate
• Whether sensitive information requires protection

To buy time to prepare for a later trial

On occasion, the CPS may discontinue a case to reorganise or prepare for a later trial. They can only rely on the same evidence if they restart proceedings, but withdrawing may give them additional time to strengthen their approach.

How to get the CPS to drop your case

Getting the CPS to drop charges against you will primarily rely on being able to point out holes in the case against you. If the evidence they present is not strong enough, or can be easily dismissed, it is much more likely that they will choose to offer no evidence or discontinue the charges.

This will be one of the first things your criminal defence solicitor will look to review when they take on your case. If the case being put against you is particularly weak, or there are obvious signs that the evidence is unreliable, this will be put forward to the prosecution. It will often be more beneficial for both parties if an agreement is reached and charges are dropped before conviction.

Our solicitors can also write to the police at your request to persuade the CPS not to proceed while there are considering whether to charge you.

We can either ask the CPS not to charge you or offer a caution for less serious cases. If there are good reasons why court proceedings should be avoided. This may relate to:

• Remorse
• Reconciliation with victim
• Poor health
• The impact on you and your family
• Low level of offence
• Public interest

In cases of low-level offences committed by first time offenders, it may be more suitable for the police to ask you to agree to a community resolution which is an out of court disposal and an agreement.

A community resolution provides the police with the opportunity to proportionally handle low level offences committed by first-time offenders without any recourse to formal criminal justice sanctions. Often, community resolution will include apologies, compensation, or a commitment to cleaning up any criminal damage caused.

This is why it is always important to have an expert criminal defence solicitor on your side, no matter what sort of charges you are faced with. They will have the experience and expertise to be able to carefully examine the prosecution’s case and recognise where it will be possible to get charges dropped altogether.

What will happen next if the CPS drop charges?

It should be noted that the decision to terminate a prosecution and drop charges is still susceptible to judicial review. This usually means that a full note of the reason for the decision is required.

The more difficult a decision is regarded to be, the more important it is for a detailed note to be provided showing how the evidential and public interest stages of the Full Code Test have been applied.

Under the Victim’s Right to Review (VRR) scheme, victims of an alleged crime also have the right to seek a review of a decision to terminate proceedings, where this results in an end to proceedings that directly relate to them.

If you are in custody at the time the charges are dropped, then arrangements will be made for your swift release.

As previously mentioned, it is important to remember that, if your case was discontinued, it may still be possible for the prosecution to reinstate it under the same evidence.

Contact our criminal defence solicitors today

You can contact our solicitors in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: [email protected]

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.