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How to Get the CPS to Drop Charges in the UK
Introduction
If you have been charged with a criminal offence, one of the first questions you may ask is whether the Crown Prosecution Service (CPS) can drop the charges against you.
In England and Wales, criminal prosecutions are usually brought by the CPS after reviewing evidence gathered by the police. However, charges can be withdrawn or discontinued if the prosecution does not meet the legal test required to proceed.
Understanding how the CPS decides whether a case should continue is essential if you are facing criminal allegations. In many situations, experienced criminal defence solicitors can identify weaknesses in the prosecution’s case and make legal representations that may lead to charges being dropped.
How the Crown Prosecution Service Decides Whether to Prosecute
Before bringing criminal charges, prosecutors must apply the Full Code Test, which is set out in the Code for Crown Prosecutors.
This test has two key stages.
The Evidential Stage: Realistic Prospect of Conviction
The first question prosecutors must consider is whether there is enough evidence to provide a realistic prospect of conviction.
This means that:
- The evidence must be admissible in court
- It must be reliable and credible
- It must be strong enough to persuade a court that the defendant is guilty
Prosecutors will analyse all available material, including:
- witness statements
- forensic evidence
- CCTV footage
- digital evidence
- interview records
If the evidence is weak or unreliable, the CPS should not proceed with the prosecution.
For example, problems may arise where:
- key witnesses withdraw their statements
- evidence was obtained unlawfully
- forensic evidence is inconclusive
- identification evidence is unreliable
If the evidential stage of the test is not satisfied, the CPS should discontinue the case.
The Public Interest Stage
Even where there is sufficient evidence, the CPS must also consider whether prosecuting the case is in the public interest.
Factors considered may include:
- the seriousness of the offence
- the level of harm caused
- the suspect’s age or vulnerability
- the impact on the victim
- whether prosecution is a proportionate response
For example, prosecutors may decide that formal criminal proceedings are unnecessary if the offence is minor and alternative outcomes are more appropriate.
Can You Ask the CPS to Drop Charges?
Defendants cannot simply request that charges be dropped without legal grounds.
However, defence solicitors can make formal representations to the CPS explaining why a prosecution should not proceed.
These representations may argue that:
- the evidence is insufficient
- key evidence is inadmissible
- the prosecution fails the Full Code Test
- continuing the case is not in the public interest
Such submissions must be carefully prepared and supported by legal analysis. Poorly prepared representations can be ineffective and may even strengthen the prosecution’s position.
Common Reasons the CPS Drops Charges
There are several circumstances in which prosecutors may discontinue criminal proceedings.
Insufficient Evidence
The most common reason charges are dropped is lack of evidence.
If the prosecution cannot prove the case beyond reasonable doubt, the CPS should not proceed.
This may occur where:
- witness evidence is inconsistent
- identification evidence is unreliable
- key forensic evidence is missing
In these situations, defence solicitors may highlight the weaknesses in the prosecution’s case and invite the CPS to discontinue the proceedings.
Unreliable or Unlawful Evidence
Evidence must be obtained and handled lawfully.
If evidence has been gathered improperly, it may be excluded from court.
Examples include:
- unlawful searches
- breaches of police procedures
- improperly obtained confessions
- contaminated forensic evidence
If critical evidence becomes inadmissible, the prosecution may no longer meet the evidential test required to continue.
Public Interest Considerations
Even where evidence exists, the CPS may decide prosecution is not justified.
This can occur where:
- the offence is minor
- the suspect has no previous convictions
- the impact of prosecution would be disproportionate
Public interest decisions are made on a case-by-case basis and require careful evaluation of the circumstances.
Defence Representations to the CPS
One of the most effective ways to challenge a prosecution is through written legal representations.
These submissions are prepared by defence solicitors and explain why the prosecution case should not proceed.
Representations may include:
- analysis of evidential weaknesses
- challenges to witness credibility
- legal arguments about admissibility of evidence
- public interest considerations
Where the arguments are persuasive, the CPS may review the case and decide to discontinue proceedings.
What Happens If the CPS Drops the Charges?
If the CPS decides not to continue the prosecution, the case may end in one of two ways.
Formal Acquittal
A formal acquittal occurs when the prosecution offers no evidence in court.
The judge will then enter a not guilty verdict.
This outcome provides finality, as it is generally very difficult for the prosecution to revive the case once an acquittal has been entered.
Discontinuance
In other situations, the CPS may discontinue the prosecution before trial.
This means the case will not proceed to court.
However, unlike a formal acquittal, the prosecution may theoretically restart the case if new evidence emerges.
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How Criminal Defence Solicitors Challenge CPS Prosecutions
Experienced criminal defence solicitors play a crucial role in identifying weaknesses in the prosecution case.
Early legal intervention can involve:
- analysing disclosure material
- reviewing witness statements
- identifying procedural errors
- challenging the reliability of evidence
Solicitors may also engage directly with the CPS, presenting legal arguments that the prosecution does not satisfy the Full Code Test.
In some cases, defence teams negotiate with prosecutors to amend or withdraw charges.
Every case is different, and the appropriate strategy will depend on the specific evidence and circumstances involved.
Speak to a Criminal Defence Solicitor
Facing criminal charges can be extremely stressful, particularly when the consequences may include a criminal conviction, financial penalties, or imprisonment.
If you are under investigation or have been charged with a criminal offence, obtaining advice from experienced criminal defence solicitors is essential.
A defence team can carefully analyse the prosecution’s case, identify weaknesses in the evidence, and make strategic representations where appropriate.
If you require advice about a criminal investigation or prosecution, contact our criminal defence solicitors to discuss your situation and explore the legal options available to you.
5 Key Takeaways
- The CPS may discontinue a case if there is insufficient evidence to secure a conviction.
- Prosecutors must apply the Full Code Test, which assesses both evidence and public interest.
- If evidence is unreliable, unlawful, or weak, the prosecution may not proceed.
- Defence solicitors can submit legal representations to the CPS challenging the prosecution case.
- Charges may be dropped before trial through discontinuance or by offering no evidence in court.
Frequently Asked Questions
Yes. The CPS can discontinue a prosecution before the case reaches trial if the evidential test or public interest test is not satisfied.
Charges may be dropped if key evidence is unreliable, inadmissible, or insufficient to secure a conviction.
Yes. Even after charges have been brought, the CPS has a continuing duty to review the case and discontinue proceedings if the legal test is no longer met.
A victim’s views may be considered, but the decision ultimately rests with the CPS, which must apply the legal tests for prosecution.
There is no fixed timeframe. Prosecutors may review cases at any stage before or during proceedings.
Yes. Defence solicitors regularly communicate with prosecutors and may submit legal representations challenging the prosecution case.
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