The term “dropped” is a localised term which means that no further action has been taken either by the police or more likely the CPS (Crown Prosecution Service).
The complainant can withdraw the complaint in which case it is highly likely that the matter will not proceed. Otherwise, the police, of their own volition can decide to take no further action. More likely than not the police refer the matter to the CPS who in turn can, of their own volition, take no further action.
This is often due to the credibility or reliability of the prosecution witnesses or the strength of the defence advanced by the would be defendant (or accused person) in interview or in pre-charge engagement with the police.
If the police or CPS decide to take no further action then the complainant has a Right to Review. This is very badly named as “The Victim’s Right to Review”.
However it means that the person who has made the complaint has a right to ask the police or CPS to review the decision to take no further action. Sometimes this review overturns the original decision and the accused person is then charged with an offence.
One of our roles is to “try to make cases go away” – you can read more about this in our article “Make it all go Away.”
There is no guarantee that this will happen. However, we can engage in pre-charge engagement, we can take statements from potential witnesses, give witness information to the police so that the police can carry out investigations, suggest third party material that can obtained such as Social Services records, foster care records, diaries and so on.
Even if a complainant withdraws the complaint, it doesn’t mean to say that they are timed barred from resurrecting the complaint at a later stage.
Where the police/CPS take no further action, that does not necessarily bring the matter to an end. All it means is that for the time being, they have insufficient evidence to bring the matter before a court which could in turn mean that at some point in the future, the matter is resurrected.
Why Choose Sutton Defence Lawyers
Sutton Defence Lawyers bring decades of focused experience in defending sexual offence allegations, including complex historic cases. Led by Stuart Sutton, the firm has handled cases spanning several decades and involving evolving legislation.
The team has a strong track record of success and works closely with highly experienced Counsel. Their detailed understanding of historic and current law allows them to identify issues others may overlook, particularly in police interviews and pre-charge stages.
Contact us today on 07798 753 720 or complete our online contact form for confidential advice.
Frequently Asked Questions
Can a sexual offence allegation be withdrawn?
A complainant can withdraw, but police may still continue the investigation if there is enough evidence.
Will the case end if the CPS takes no further action?
Not always. A case can be reopened if new evidence comes to light.
What is pre-charge engagement?
It allows defence lawyers to provide evidence and information before any charging decision is made.
Can allegations be made again later?
Yes. In many cases there is no time limit for bringing allegations forward again.
Should I seek legal advice early?
Yes. Early advice can help protect your position and influence how the case develops.
Speak to Sutton Defence Lawyers Today
If you are facing a sexual offence allegation, early legal advice can make a significant difference. Our experienced team at Sutton Defence Lawyers can guide you through every stage, from investigation to resolution.
Call us today on 07798 753 720 or mail stuart@ssdll.co.uk to request a confidential consultation.
