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

There are often scenarios where the victim of a crime does not wish to press charges against an alleged offender, or they change their mind after making a snap decision.

We live in a world of CCTV and police body warn cameras. Recordings can provide valuable evidence now.

Understandably, there is often some confusion over what actions the police can take if they do not have the victim’s consent to press charges.

Here, we discuss how long a victim has to press charges, what happens if a victim doesn’t want to press charges and whether the police can press forward if the victim doesn’t press charges. Read below to learn more.

Can you be placed on  Pre-Charge Bail

Safeguarding victims

Any pre-bail decisions will also be made with specific reference to safeguarding the victim of a crime and any further witnesses. This is particularly where the victim and witnesses are considered to be vulnerable. 

When determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the constable must have regard to the following:

1. the need to secure that the person surrenders to custody;
2. the need to prevent offending by the person;
3. the need to safeguard victims of crime and witnesses, taking into account any vulnerabilities of any alleged victim of, or alleged witness to, the offence for which the person was arrested where these vulnerabilities have been identified by the constable;
4. the need to safeguard the person, taking into account any vulnerabilities of the person where these vulnerabilities have been identified by the constable; and
5. the need to manage risks to the public.

The Home Office calls these reforms ‘Kay’s Law’ in memory of Kay Richardson who was killed by her former partner while he was RUI’d after having been arrested for allegedly raping her. This aim of these changes appears to be to ensure that protection is afforded to victims and witnesses through pre-charge bail conditions rather than unconditional RUI.

The police must now consider releasing suspects on Pre Charge Bail where a case is ongoing. The police must follow a set of rules by law. Read more about the recent Charge Bail law updates here. 

How long does a victim have to press charges?

If someone is a victim of a criminal offence, such as an assault, they can technically report it to the police at any time. However, there are time limits in place for when the police and Crown Prosecution Service (CPS) must initiate criminal proceedings.

Certain crimes, known as summary only offences, can only be heard in the Magistrates’ Court. These crimes must be brought within six months under the Magistrates Courts Act 1980. The police and CPS cannot institute criminal proceedings if more than six months have passed since the date of the offence. The law is changing in respect of domestic violence offences and the applicable period will be longer.

It is important to note, however, that the six-month time limit does not apply to other types of assault, such as actual bodily harm (ABH) and grievous bodily harm (GBH), which are either way and indictable only offences, respectively.

There are also time limits which apply for bringing a civil claim. This is a type of court case brought by one individual against another, often for monetary compensation. A good example would be when someone claims compensation for an injury that was the result of a criminal assault. For civil claims seek independent advice.

Can the police press charges if the victim doesn't want to?

In short, yes, the police can still move forward with an investigation even if the victim does not want to press charges. They do not need the consent of anyone who may have been the victim of an alleged crime.

The opinion of a victim is not stated as being a factor taken into consideration when the police decide whether to arrest a suspect. Officers will instead look to charge someone if the evidence collected amounts to probable cause to believe that someone has committed a crime.

What evidence could the police use without a victim at court?

• The victim’s initial signed statement providing certain conditions are met and the court permits this
• Body worn CCTV evidence of police
• CCTV or recordings
• 999 calls made in relation to the crime
• Your own admissions to the police or others
• Other eye witnesses
• Other forensic or documentary evidence

This is set out in Section 24 of the Police and Criminal Evidence Act 1984 (PACE). This details that a police officer can arrest a suspect when they have knowledge or reasonable grounds of suspicion that:

• An offence has taken place, is taking place, or is about to take place; and
• That the arrest is necessary

It is possible that the views of an alleged victim could be considered relevant in each unique scenario, but it is important to stress that this is a case-by-case decision. For example, if an officer has reason to believe that an alleged victim is at further risk of harm, they can continue with an arrest, even if the alleged victim does not share that same view.

The police and CPS are increasingly aware that victims of domestic violence will often withdraw a case after providing a statement to the police. This could be for a number of reasons, including fear of reprisals, to protect their children and other family members, or possibly due to the financial implications of a ‘breadwinner’ being arrested.

The police and CPS have adjusted their frameworks to reflect these sensitive issues. In every instance, the prosecuting authorities will seek to build a case which uses alternative sources of evidence and does not solely rely on the testimony of an alleged victim.

Can a victim press charges without you knowing?

The police must inform you if you have been charged with a criminal offence by providing you with a charge sheet. The charge sheet will set out the details of the crime you have been charged with, but not necessarily the evidence that led to the charging decision.

If it is not clear if a victim has pressed charges against you, you may gain a better understanding if you plead not guilty. Here, you will receive disclosure from the CPS about the evidence they intend to rely on in court, which is likely to include an initial statement made by an alleged victim.

Can the police drop charges altogether?

It is possible for the police to drop charges against you altogether. However, there are only very specific scenarios where this decision may be made. These include where:

A legal arrest becomes unlawful

This is where the police fail to follow the correct procedures during the process of an arrest. For instance, if a police officer fails to explain the reasons for your arrest, this could be considered unlawful.

There is a distinct lack of evidence

Of course, the police will need compelling evidence to make a charge – including a victim’s testimony. If, during the investigation stage, it is found that there is a distinct lack of evidence against you that renders further action impossible, the case may be dropped before it proceeds to the CPS.

The offence is minor and/or it is your first offence

If an offence is considered to be very minor (such as vandalism) and/or it is your offence, the police may decide to drop the charges.

Instead of charging you, the police could serve you with a caution or ask you to agree to a community resolution.

Should I still speak to a criminal law solicitor if a victim is not pressing charges?

As we have discussed in this article, even if you are under the impression that someone is not going to press charges for an incident, this does not mean that the police will not launch proceedings themselves.

When instructed, our expert criminal defence solicitors can work alongside you to assess your case and the potential actions the police may take. From here, we can provide tailored legal advice, representing you if you are arrested and required to attend the police station.

Speaking to a criminal law solicitor at any point will not count against you, nor will it suggest to the police that you are guilty of committing an offence. In fact, early advice can make all the difference when it comes to a final sentencing decision.

Contact our criminal law defence solicitors today

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

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Or email: solicitors@jdspicer.co.uk

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