If you have been charged with a sexual offence, you are probably feeling anxious and scared about the future. It is common for us to be asked whether the charges can be dropped before going to court. A good solicitor will do their best to get the case against you dismissed before getting anywhere near a courtroom.
Contact us today by calling 07798 753 720.
Charges are the foundations from which a criminal case is built and set out the crimes the accused person has allegedly committed. When charges are dropped, it generally means the case has been terminated or discontinued. This is often referred to as ‘discontinuance’. There are two main reasons this can happen, namely:
- Insufficient evidence to prosecute the individual charged with the crime
- It is not in the public interest to prosecute the individual charged with the crime
In cases of discontinuance, it is important to understand that, although it avoids you and any relevant parties from having to attend court, it does not mean you are acquitted. Even if no new evidence is found, the prosecution can be reignited further down the line.
Formal acquittal
If the prosecution, or CPS, offers ‘no evidence’ to the court, this will lead to a formal acquittal. This can happen for many reasons; perhaps the evidence is deemed unreliable or comes from an untrustworthy source. Either way, it will have a damaging effect on the prosecution’s case. Offering no evidence has the same result as being found not guilty. Cases of this nature can be reinstated. However, this is rare.
Not in the public interest
The prosecution may drop the charges for this reason in relation to mostly minor cases. The prosecution considers the following when making their decision:
- The seriousness of the offence
- The culpability of the alleged offender
- The harm caused to the victim
- The alleged offender’s age and maturity at the time the offence occurred
- Any impact on the community
- Whether prosecuting the alleged offender proportionate to the offence
- Whether witnesses need protecting
Getting the Crown Prosecution Service (CPS) to drop charges
This predominately relies on your ability to help your solicitor identify ‘holes’ in the prosecution’s case. If the CPS presents weak evidence that may be dismissed by your legal team, it increases the possibility that the case will be discontinued or the CPS offering no evidence.
Your solicitor will look at your case and any evidence in depth and point out any weak spots to the CPS to encourage them to drop the charges before reaching court. Our team can also contact the police and CPS on your behalf during the period they are considering whether to charge to convince them to drop the case. If charges are dropped before the trial starts, they will not be recorded on your criminal record.
How will I know if the charges have been dropped?
Generally, your solicitor will be the first to tell you when the charges have been dropped. If this happens, then you will be served with a notice setting out the reasons. The notice will also state whether the charges can be reinstated at a later date.
Specialist Sexual Defence Lawyers (Yorkshire, London, Birmingham, Manchester)
If you have been charged with an offence, contact specialist criminal defence solicitors to represent you. Our offices are open 24 hours a day, 7 days a week, ready to deliver expert legal advice and assistance. For more information, please contact our Special Casework Team, e-mail stuart@ssdll.co.uk or contact Stuart Sutton on 07798 753 720.
