How to Get the CPS to Drop Charges in the UK

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 too weak, unreliable, or cannot be strengthened by further investigation, the case should not continue.

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 

The more serious the allegation, the more likely it is that prosecution will be considered in the public interest. However, every case depends on its own facts.

Can You Ask the CPS to Drop Charges?

A defendant cannot simply demand that charges are dropped.

However, a defence solicitor can make legal representations to the CPS explaining why the case should not continue.

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 

Representations must be carefully prepared. Poorly made arguments can be ineffective and may reveal defence points too early.

A solicitor can assess whether representations are appropriate and when they should be made.

What Happens If the CPS Drops the Charges?

If the CPS decides not to continue with a prosecution, the outcome may depend on how the case is stopped.

Formal Acquittal

A formal acquittal occurs when the prosecution offers no evidence in court. 

The judge will then enter a not guilty verdict. 

This usually brings the proceedings to an end. In some circumstances, a case may be restarted, particularly if new evidence becomes available or the original decision is later reviewed.

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.

How Criminal Defence Solicitors Challenge CPS Prosecutions

A criminal defence solicitor can assess whether there are proper grounds to challenge the prosecution.

Early legal intervention can involve: 

• Analysing disclosure material 
• Reviewing witness statements 
• Identifying procedural errors 
• Challenging the reliability of evidence 

In some cases, solicitors may make written submissions to the CPS. In others, it may be better to challenge the evidence through court procedure, legal argument, or trial preparation.

In some cases, defence teams negotiate with prosecutors to amend or withdraw charges. 

The right approach depends on the facts and the stage of the case.

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. 

Our Serious and Complex Crimes solicitors can review the evidence, assess whether the case meets the CPS charging test and advise whether representations should be made.

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.