Can I ask CPS to drop charges?

Asked by: Thurman Monahan | Last update: July 1, 2022

Score: 4.2/5 (10 votes)

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.

What can cause charges to be dropped?

Why Do Prosecutors Drop Charges?

Insufficient evidence. A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn't strong enough. ...
Fourth Amendment violations. ...
Procedural issues. ...
Lack of resources. ...
Willingness to cooperate.

Can charges be dropped before trial UK?

The prosecutor has the right to discontinue the prosecution at any time before trial or up to close of the prosecution case. After that time, the prosecution can only be discontinued with the consent of the court.

What is the time limit for CPS to make a decision?

If the matter is a summary only offence, the police must lay the charge within 6 months of the incident. This adds an element of time pressure to make a charging decision within a reasonable time. For more serious offences, such as rape or sexual assault, the decision is taken by the CPS.

What evidence do CPS need to charge?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.

What does a No Charge outcome by the CPS mean?

18 related questions found

Can a prosecutor drop a case?

While it might not hurt to let the prosecutor know how you feel, the prosecutor cannot dismiss the charges without additional justification. A prosecutor can only drop charges with the approval of the judge. The judge will require more than the victim's wishes to allow the prosecutor to dismiss criminal charges.

How many cases do CPS drop?

Of all legal pre-charge decisions, the volume charged has fallen. It was 50,838 in 2020/21 compared to 55,567 in 2019/20. This is a fall of 8.5% in 2020/21 compared with a fall of 17.6% in 2019/20 and 13.2% in 2018/19, showing a falling trend.

What happens when CPS decide to charge?

If the CPS decides to proceed, the abuser will initially be taken to a Magistrates' Court, after which (depending on the seriousness of the charge) he will either be remanded in custody or released on bail.

Is the CPS independent from the police?

The CPS is independent, and we make our decisions independently of the police and government. Our duty is to make sure that the right person is prosecuted for the right offence, and to bring offenders to justice wherever possible.

Can you appeal a CPS decision?

Following the conclusion of the VRR process, there is no scope for any further review by the CPS and if the victim remains dissatisfied with the decision and/or wishes to challenge it further, then the victim should apply to the High Court for a judicial review.

What are the limitations of the CPS?

Terms in this set (5)

1 (+) The CPS is objective when they decide if a case should be prosecuted.
2 (+) they save time and money.
1(-) they spend too much time in administration.
2(-) they may lack independence~rely on the police too much for information.
3(-) they ignore the victims wishes.

What do CPS lawyers do?

Crown Prosecution Service (CPS) lawyers are responsible for examining police evidence, deciding whether to take criminal proceedings through to court prosecution stage, preparing cases for court and conducting prosecutions. They are known as crown prosecutors and are employed by the CPS, which is a government agency.

How do police drop charges?

The police will need some form of evidence against you to be able to charge you with an offence. If, during the investigation stage, it is found that there is a distinct lack of evidence against you that renders any further action impossible, the police may drop the case before proceeding to the CPS.

Can CPS prosecute without evidence?

Once the police believe they have enough evidence they will pass the case to the CPS and ask us to review the evidence and consider whether we can bring a prosecution. If the police don't think they have enough evidence they won't pass the case to us and the suspect won't be charged with rape or serious sexual assault.

What is evidence before charge?

Pre charge evidence is the evidence which is taken by the Magistrate from the complainant before the framing of charges under Section 244 of the Code of Criminal Procedure, 1973. Proper examination of all the evidence and witnesses is to be done by the magistrate.

What is the conviction rate for domestic abuse?

The proportion of pre-charge legal decisions where the outcome is to authorise a charge for domestic abuse suspects has remained relatively steady at 72.8% in Q2 21/22, similar to 73.2% in Q1 21/22 and the conviction rate has stayed relatively steady at 75.7% in Q2 21/22- from 76.1% in Q1 21/22.

How successful is the CPS?

17. Overall the CPS discontinues prosecutions in, on average, 12% of cases where the police have charged.

What percentage of domestic violence cases go to court?

A police chief warned this week: “Too few victims are seeing their cases go to court.” An analysis of figures from 2017 up to the start of the first lockdown last March reveal that 65.8 per cent of domestic abuse allegations in London were prosecuted after being handed to the CPS.

Can a case go to trial without evidence?

This most often occurs in domestic violence cases, but it can occur in any case where a complainant is able to identify the suspect. There may be no forensic evidence, no camera footage, no witnesses or anything else that supports what the complainant has said.

Can you be charged without being interviewed?

What it comes down to is evidence, if you have been caught during the commission of a crime then you can be arrested on the spot, charged at the police station and interviewed under caution. If they have only a suspicion and no evidence then they can interview you voluntarily or under caution, then charge you.

What is the Full Code Test CPS?

The Full Code Test (“FCT”) is the test that must be satisfied in order for a prosecutor to make the decision to charge a suspect and bring a prosecution. Stage one of the test requires prosecutors to assess the evidence in each case and decide whether there is a reasonable prospect of conviction.

Can CPS decide no further action?

If the Crown Prosecution Service (CPS) or police decide not to charge a suspect then he will have no further action taken against him. A decision not to charge is sometimes called a decision not to prosecute or taking no further action ('NFA').

Can the CPS appeal a not guilty verdict?

If the defendant has been found 'not guilty,' we can't appeal the verdict. If the defendant is found 'guilty,' they can appeal against their conviction – this means they are asking for it to be overturned because they don't believe they should have been found 'guilty'.

How long does it take to get a no further action letter?

In some cases, you will learn of the decision to take no further action a few hours after your arrest. In others, the process could take weeks or even months.