Many people assume that once a court case has started it must proceed all the way to trial. In reality, criminal cases can and do end before a trial takes place. This is more common than many people realise. Understanding when and why this can happen can provide reassurance and help you understand how your case may progress.
When Can a Case Be Dropped?
A case can be dropped at various stages before trial. This may happen shortly after a charge is brought, following further investigation, or even after court proceedings have already begun. In some cases, it may occur after several hearings have taken place. The decision may be made by the police or by the Crown Prosecution Service, depending on the stage the case has reached and who is responsible for reviewing the evidence.
The most common reason for a case being dropped is that the evidence is no longer considered strong enough to proceed. This may be because key witnesses withdraw their support, evidence is ruled inadmissible by the court, or new information comes to light that undermines the prosecution case. Sometimes evidence that initially appeared compelling does not stand up to closer scrutiny.
The Role of the Crown Prosecution Service
Once a case has been charged, the Crown Prosecution Service is responsible for deciding whether it should continue. They apply a two stage test. First, they consider whether there is a realistic prospect of conviction based on the available evidence. Secondly, they assess whether a prosecution is in the public interest.
If either part of this test is no longer met, the CPS can decide to discontinue the case. This decision can be made at any point before trial, including shortly before the hearing is due to take place.
Withdrawal of Witnesses
Cases can also be dropped if witnesses are no longer willing or able to give evidence. This commonly arises in domestic or assault allegations, where relationships or circumstances may change over time. While a case will not automatically be dropped because a witness withdraws, it can significantly weaken the prosecution case and may lead to a discontinuation if there is insufficient other evidence to proceed.
Legal Arguments and Applications
In some cases, a defence solicitor may make legal submissions that result in the case being stopped. This can include arguments that the evidence is unreliable, unfair to admit, or obtained improperly. It may also be argued that continuing the prosecution would amount to an abuse of process. Successful applications of this nature can bring proceedings to an end before trial and avoid the need for a full hearing.
What If the Case is Dropped?
If a case is dropped before trial, it means there will be no conviction and no trial hearing. In some situations, the prosecution may formally offer no evidence in court. In others, the case may be discontinued in writing. Your solicitor will explain the outcome and what it means for your record.
Why Legal Advice Matters
Early and experienced legal representation can make a crucial difference to whether a case proceeds to trial. A solicitor can identify weaknesses in the prosecution case, make representations to the CPS, and ensure that any decision to discontinue is pursued where appropriate.
How Can We Help?
We have over 30 years’ experience of criminal defence work. By staying on top of changes in legislation and case law, we can give our clients the best possible advice. If you would like to discuss any aspect of your case, please contact Tarsem Salhan on 0121 605 6000 or at tsalhan@salhan.co.uk.