Can Police Press Charges Without Victim Consent in the UK? (2026)

In Brief

Yes, the police can press charges without the victim’s consent in the UK. In fact, victims do not “press charges” at all under English law. The decision to prosecute belongs to the police and the Crown Prosecution Service (CPS), based on the evidence and the public interest - not the victim’s wishes. This is particularly common in domestic violence cases, where the CPS may proceed with an evidence-led prosecution using CCTV, 999 recordings, body-worn camera footage, and other evidence that does not rely on victim testimony. If you are the defendant in a case where charges are being considered, speaking to a criminal defence solicitor can help you understand your rights and options.

Can the police press charges without the victim’s consent?

Yes. The police and CPS can, and regularly do, proceed with criminal charges even when the victim does not want them to.

Under English law, the term “pressing charges” is actually a misnomer. Victims do not have the legal power to decide whether someone is prosecuted. That decision rests with:

1. The police - who investigate the alleged crime and gather evidence
2. The Crown Prosecution Service (CPS) - who decide whether charges should be brought

The police can arrest and charge someone if they have reasonable grounds to suspect an offence has been committed, regardless of the victim’s wishes. Under Section 24 of the Police and Criminal Evidence Act 1984 (PACE), officers can make an arrest if they believe it is necessary to:

• Prevent harm to any person
• Protect a vulnerable individual
• Preserve evidence
• Investigate the offence effectively

The victim’s preference is one factor the CPS will consider, but it is not determinative. If sufficient evidence exists and prosecution is in the public interest, the case will proceed.

How do the police and CPS decide whether to charge?

The CPS follows a two-stage test set out in the Code for Crown Prosecutors, known as the Full Code Test.

Stage 1: The Evidential Test

Prosecutors must be satisfied there is sufficient evidence to provide a realistic prospect of conviction. This means a jury or magistrates, properly directed, would be more likely than not to convict.

The CPS considers:

• Is the evidence reliable and credible?
• Can it be used in court (is it admissible)?
• What defence might be raised?

If the evidential test is not met, the case will not proceed regardless of how serious the allegation is.

Stage 2: The Public Interest Test

If there is enough evidence, prosecutors then consider whether prosecution is in the public interest. Factors include:

• The seriousness of the offence
• Whether the suspect has previous convictions or cautions
• Whether the offence was premeditated
• Whether the victim was vulnerable
• The impact on the victim and wider community
• Whether similar offences are prevalent in the area
• Whether the suspect poses an ongoing risk to others

In domestic abuse and sexual offence cases, the public interest threshold is often met even when victims withdraw their support. The CPS recognises that victims in these situations may be subject to pressure, fear, or coercion.

What evidence can be used without the victim?

When a victim withdraws their support for prosecution or refuses to give evidence, the CPS will assess whether the case can proceed using other evidence. This is called an evidence-led prosecution (sometimes called a “victimless prosecution”).

Evidence that can support a prosecution without victim testimony includes:

999 call recordings

Emergency calls made at the time of an incident can be powerful evidence. What was said in the heat of the moment - before any opportunity for reflection - may be admitted as a “res gestae” statement, even if the victim later refuses to confirm it.

Body-worn camera footage

Police officers routinely wear cameras that record their arrival at an incident. This can capture:

• The victim’s distressed state and initial account
• Visible injuries
• The scene and any damage
• The suspect’s demeanour and statements

CCTV and dashcam footage

Public and private CCTV can provide independent evidence of what occurred. Many domestic incidents occur in locations covered by cameras.

Medical and forensic evidence

• Photographs of injuries
• Medical reports documenting harm
• DNA or forensic evidence linking the suspect to the scene

Witness statements

Neighbours, family members, or passersby may have seen or heard what happened. Their evidence can corroborate the allegation independently.

Digital evidence

Text messages, emails, social media posts, and voicemails can demonstrate a pattern of behaviour, threats, or admissions.

The suspect’s own account

What the accused says in police interview - including lies, inconsistencies, or admissions - can form part of the prosecution case.

What happens in domestic violence cases?

Domestic abuse cases are treated with particular care because the CPS and police recognise that victims often withdraw their support for reasons unrelated to the truth of the allegation.

Victims may withdraw because of:

• Fear of retaliation
• Pressure from the suspect or their family
• Financial dependence on the accused
• Concerns about children and family stability
• Emotional ties and hope the relationship will improve
• Immigration status concerns

The CPS approach to withdrawal

When a domestic abuse victim indicates they no longer support prosecution, the CPS does not simply drop the case. Prosecutors must:

1. Conduct a full reassessment of all available evidence
2. Consider whether an evidence-led prosecution is viable
3. Assess the victim’s safety and whether withdrawal may be the result of pressure
4. Record their decision-making process clearly

The CPS explicitly states that no “cooling off” period should be allowed. Cases must not be delayed simply to see if the victim changes their mind.

Recent policy developments

In November 2024, the CPS and police launched the Domestic Abuse Joint Justice Plan, designed to improve how domestic abuse cases are investigated and prosecuted. Key aims include:

• Better communication between police and CPS throughout the case
• Earlier charging decisions
• Improved outcomes for victims

The CPS’s Violence Against Women and Girls (VAWG) Strategy 2025-2030 also commits to enhanced training for prosecutors and a “victim-informed” approach that prioritises safety while respecting victim autonomy.

Controlling and coercive behaviour

Since the Domestic Abuse Act 2021, the offence of controlling or coercive behaviour has been expanded. Prosecutors can now charge this offence even if:

• The victim and suspect do not live together
• The abuse occurred after the relationship ended
• The abuse is between family members

This means patterns of domestic abuse can be prosecuted more comprehensively than before.

Can charges be dropped if the victim withdraws?

Possibly, but not automatically.

If a victim withdraws their support, the CPS must review whether the case can continue. Three outcomes are possible:

1. The case proceeds without the victim

If sufficient independent evidence exists, the prosecution will continue. The victim may still be required to attend court - they can be compelled to give evidence through a witness summons.

2. The case is discontinued

If there is no realistic prospect of conviction without the victim’s evidence, the CPS may discontinue the case. This is a legal decision, not a moral judgement.

3. The victim gives evidence but is treated as hostile

If a victim attends court but refuses to support their original statement, the prosecution can apply to treat them as a “hostile witness.” This allows the prosecutor to challenge their evidence using their earlier statement.

How long do police have to press charges?

Time limits for prosecution depend on the type of offence:

Summary offences (less serious)

Generally, charges must be brought within 6 months of the offence. This includes common assault.

Either-way and indictable offences (more serious)

For offences like actual bodily harm (ABH), grievous bodily harm (GBH), and most domestic abuse offences, there is no time limit for bringing charges.

Important exception: Domestic abuse common assault

Under changes introduced by the Domestic Abuse Act 2021, the time limit for prosecuting common assault in a domestic abuse context has been extended to 2 years from the date of the offence. This gives victims more time to come forward and allows police longer to build evidence-led cases.

What are a victim’s rights if they do not want to support prosecution?

If a victim reported an incident but no longer wishes to support prosecution, they have several options:

They can withdraw their statement

They can tell the police they no longer wish to give evidence. However, this does not automatically end the case. Their original statement may still be used if admitted as hearsay evidence, and they may still be required to attend court.

They can provide a retraction statement

If they wish to withdraw, police will usually ask them to provide a written statement explaining why.

They can request information about the case

Victims are entitled to be kept informed about the progress of the case, including whether charges are brought and the outcome of any trial.

They have a right to review

If the CPS decides not to charge, they can request a review of that decision under the Victims’ Right to Review (VRR) scheme. If they believe the decision was wrong, they can ask for it to be looked at again by a different prosecutor.

Speak to a criminal defence solicitor

If you are the defendant in a case where charges are being considered, understanding your legal position is essential.

If you are facing charges for an offence where the alleged victim has withdrawn their support, do not assume the case will simply go away. Prosecutors can and do proceed without victim cooperation. Building a strong defence requires expert legal advice from the outset.

Our criminal defence team has extensive experience in cases involving:

• Domestic violence and abuse allegations
• Assault charges (common assault, ABH, GBH)
• Cases involving reluctant or hostile witnesses
• Evidence-led prosecutions

Contact JD Spicer Zeb Solicitors today for confidential advice on your case.

For urgent specialist advice, immediate representation at the police station, or to speak to criminal law solicitors confidentially about potential criminal charges or prosecution, you can call us on:

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Frequently Asked Questions

Do victims press charges in the UK?

No. The phrase “pressing charges” comes from American legal terminology and does not accurately describe the UK system. In England and Wales, the decision to prosecute is made by the police and CPS, not the victim. Victims can report crimes and give evidence, but they cannot compel or prevent prosecution.

Can a victim be forced to give evidence against their will?

Yes. If the prosecution requires their evidence, they can be served with a witness summons requiring them to attend court. Failing to attend can result in arrest and potentially being held in contempt of court. However, what they say in court is their choice.

What is an evidence-led prosecution?

An evidence-led prosecution (also called a victimless prosecution) is when the CPS proceeds with a case using evidence other than the victim’s testimony. This commonly occurs in domestic abuse cases where body-worn camera footage, 999 calls, medical evidence, and other materials can prove the offence.

Can someone report a crime without pressing charges?

Someone can report a crime to the police without wanting prosecution to follow. However, once reported, the decision to investigate and charge is out of their hands. Police will assess the evidence and public interest, and may proceed regardless of their wishes.

How does someone withdraw a statement they gave to police?

The individual would need to contact the officer in charge of their case and explain that they wish to withdraw their support. They will usually be asked to provide a written retraction statement. Be aware that withdrawing does not guarantee the case will end.

What happens if a victim refuses to go to court?

If someone has been served with a witness summons, they are legally required to attend. If they do not, they may be arrested and brought to court by police. In some cases, refusing to attend can result in being held in contempt of court.

Related Articles

• What Happens at a Police Interview?
• Understanding Crown Court Trials

This article provides general information about criminal law in England and Wales. It is not legal advice. For advice on your specific circumstances, please contact our criminal defence team.