Can the CPS Dismiss My Case?

If you have been charged with a criminal offence, you may wonder whether it is possible to have your case dismissed before it reaches trial. While a defendant cannot require the Crown Prosecution Service (CPS) to discontinue proceedings, there are circumstances in which the CPS may decide that a prosecution should not continue.

When Can the CPS Discontinue a Case?

The CPS has an ongoing duty to review every prosecution. A case may be discontinued if it no longer satisfies the two-stage test set out in the Code for Crown Prosecutors:

• There is no longer a realistic prospect of conviction. This may arise where the evidence is insufficient, unreliable, or where new evidence significantly weakens the prosecution’s case.
• A prosecution is no longer in the public interest. Even where there is sufficient evidence, the CPS must consider whether it remains appropriate to continue proceedings.

As a result, a decision to prosecute is not final. Cases are kept under review, and the CPS may discontinue proceedings at any stage if the evidential or public interest tests are no longer met.

Can a Defendant Ask the CPS to Review the Case?

Although a defendant cannot compel the CPS to drop a case, representations can be made asking the prosecution to reconsider its decision. These representations are typically submitted by the defendant’s solicitor and may include:

• Identification of weaknesses or inconsistencies in the prosecution evidence.
• New evidence, such as CCTV footage, documents, expert reports, or witness statements.
• Legal arguments that undermine the prosecution’s case.
• Factors demonstrating that continuing the prosecution would no longer be in the public interest.

Well-prepared representations can, in appropriate cases, lead the CPS to discontinue proceedings before trial.

Other Ways Criminal Proceedings May End Before Trial

Not every case proceeds to a full trial. Depending on the circumstances, proceedings may conclude early if:

• The CPS decides to offer no evidence.
• The court dismisses the charges, where the relevant statutory provisions apply.
• A successful legal application excludes key prosecution evidence, leaving insufficient evidence to proceed.
• The court grants a stay of proceedings where continuing the prosecution would amount to an abuse of process.

The availability of these options depends on the nature of the offence, the stage of proceedings, and the facts of the individual case.

Seeking Early Legal Advice

Every criminal case is different. Whether there are grounds for the CPS to discontinue proceedings will depend on the strength of the evidence, the applicable law, and the procedural stage of the case.

Obtaining specialist legal advice at an early stage can help identify any weaknesses in the prosecution’s case and ensure that appropriate representations are made where there is a realistic prospect of bringing proceedings to an early conclusion.