How to Get the CPS to Drop Charges Against You (2026)
In Brief
If you have been charged with a criminal offence, the Crown Prosecution Service (CPS) is responsible for deciding whether your case proceeds to trial. The CPS can drop charges at any stage before conviction – either through discontinuance or by offering no evidence in court. Common reasons include insufficient evidence, the case failing the public interest test, or the emergence of significant mental health factors. An experienced criminal defence solicitor can make pre-trial representations to the CPS on your behalf, presenting grounds for your case to be dropped.
What is the CPS and How Does It Decide to Prosecute?
The Crown Prosecution Service is the principal prosecuting authority for England and Wales. It is independent of the police and makes the final decision on whether to charge a suspect with a criminal offence in most cases.
The police can charge the following without the CPS’ involvement:
- Any summary only offence, irrespective of the likely plea
- Any offence of retail theft (shoplifting) or attempted retail theft, irrespective of the likely plea, provided it is suitable for sentencing at the magistrates’ court
- Any either way offence anticipated as a guilty plea and suitable for sentence in the magistrates’ court, unless the overall circumstances of the offence make it likely that the court will decide that a sentence in excess of 12 months' imprisonment is appropriate.
Provided it is not:
- A case requiring the consent to prosecute of the DPP or a Law Officer
- A case involving a death
- Connected with terrorist activity or official secrets
- Classified as Hate Crime or Domestic Abuse under CPS Policies
- A case of harassment or stalking
- An offence of Violent Disorder or Affray causing Grievous Bodily Harm or Wounding, or Actual Bodily Harm
- A Sexual Offences Act offence committed by or upon a person under 18
- An offence under the Licensing Act 2003
The CPS applies the Full Code Test, set out in the Code for Crown Prosecutors (eighth edition, October 2018). This is a two-stage test:
The Evidential Stage
The CPS must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction. This means the prosecution must believe that a properly directed Magistrates’ Court or jury is more likely than not to convict. If the evidence does not meet this standard, the case must not proceed – regardless of how serious the alleged offence is.
The Public Interest Stage
Even where the evidence is sufficient, the CPS must consider whether prosecution is in the public interest. Factors include:
- The seriousness of the offence
- The level of culpability of the suspect
- The harm caused to the victim
- The age and health of the suspect
- Whether prosecution is proportionate
- Community impact
If prosecution is not in the public interest, the CPS should not proceed. For a detailed explanation of what evidence the CPS requires, see our guide on what evidence the CPS needs to charge someone.
Can the CPS Drop Charges Before Court?
Yes. The CPS can drop charges at any point before conviction. There are two formal methods for doing so, and the method used has important consequences for you.
Discontinuance vs Offering No Evidence: What is the Difference?
Understanding the difference between these two processes is important because they have different legal consequences.
| Discontinuance | Offering No Evidence | |
| Legal basis | Section 23 (Magistrates’ Court) and Section 23A (Crown Court), Prosecution of Offences Act 1985 | Prosecution elects not to present evidence at trial |
| When used | In the Magistrates’ Court, at any time before the summary trial begins, or before the case is sent to the Crown Court In the Crown Court, at any time before the draft indictment is served | At any time. However, it is usually reserved for circumstances in which discontinuance is unavailable |
| Court approval needed? | No – CPS gives notice to the court | No – Case must be listed in court for no evidence to be submitted, but approval not needed |
| Outcome | Case stops | Judge directs a formal acquittal (not guilty verdict) |
| Can prosecution restart? | Yes – the CPS can bring fresh proceedings on the same facts | Usually not, extremely difficult – it amounts to an acquittal |
| Criminal record impact | Does not appear as a conviction; however, proceedings may still appear on enhanced DBS checks | Formal acquittal – proceedings can still show up on enhanced checks and will remain on the Police National Computer (PNC) |
Why Might the CPS Drop Charges Against You?
There are several reasons the CPS may decide not to continue with your prosecution:
Insufficient Evidence
The most common reason charges are dropped is that the evidence does not support a realistic prospect of conviction. This could be because key witnesses are unwilling to attend court, forensic evidence is inconclusive, or there are significant inconsistencies in the prosecution case.
Evidence Obtained Unlawfully
If evidence has been obtained through unlawful means – such as an illegal search, a breach of the Police and Criminal Evidence Act 1984 (PACE) codes of practice, or improperly conducted interviews – that evidence may be ruled inadmissible. If the remaining evidence is insufficient, the CPS may drop the case.
Not in the Public Interest
Even with strong evidence, the CPS may decide prosecution is disproportionate. This is more likely where the offence is relatively minor, the suspect has no previous convictions, the suspect has shown genuine remorse, or the victim does not support prosecution.
Mental Health Considerations
Charges can be dropped due to the suspect’s mental illness. Where a defendant has a serious mental health condition, the CPS must consider whether prosecution serves the public interest. The Code for Crown Prosecutors requires prosecutors to consider the suspect’s mental health as a factor at the public interest stage.
In some cases, a mental health disposal – such as a referral to mental health services – could be attached to an Out of Court Disposal. This is not in itself an outcome or alternative to prosecution.
Your solicitor can provide medical evidence and psychiatric reports to the CPS to support an argument that prosecution should not proceed. This is particularly relevant where the alleged offending behaviour is directly linked to an mental health condition.
Victim Withdrawal
If the complainant withdraws their support for prosecution, this can weaken the case significantly. However, the CPS can still proceed with so-called “victimless prosecutions” if there is sufficient other evidence, particularly in domestic violence cases. CPS data for 2025-26 shows that 12.9% of domestic abuse prosecutions were stopped due to victim withdrawal or inability to support the case.
How Your Solicitor Can Help Get Charges Dropped
You cannot personally ask the CPS to drop your case, but your criminal defence solicitor can make formal representations on your behalf. This process involves:
Reviewing the prosecution evidence. Your solicitor will obtain the prosecution case papers through disclosure and analyse them for weaknesses – gaps in evidence, unreliable witnesses, procedural errors, or inadmissible material.
Making pre-trial representations. Before your case reaches trial, your solicitor can write to the CPS setting out why the case should not proceed. These representations typically argue that the Full Code Test is no longer met, either on evidential or public interest grounds.
Presenting mitigating information. Your solicitor can provide the CPS with information that may not be in the prosecution file – such as medical evidence, character references, evidence of reconciliation with the victim, or proof that you have already addressed the underlying behaviour (for example, completing an anger management course or entering a drug rehabilitation programme).
Negotiating alternative disposals. For less serious offences, your solicitor may be able to negotiate a caution or community resolution instead of prosecution, particularly for first-time offenders.
The earlier your solicitor becomes involved, the better your chances. Pre-charge engagement – where a solicitor makes representations to the CPS or police before a charging decision is made – can sometimes prevent charges from being brought in the first place.
How Long Does It Take the CPS to Make a Decision?
For summary only offences (which can only be tried in the Magistrates’ Court), charges must be brought within a specific time limit, usually 6 months from the date of the alleged offence. However, for either way or indictable only offences, there is no fixed timeframe for CPS charging decisions. The time taken depends on the complexity of the case, the volume of evidence, and the seriousness of the offence.
For straightforward cases, the CPS may make a decision within hours or days after police referral. For complex cases involving multiple suspects, large volumes of digital evidence, or expert witness reports, the process can take weeks or months.
If you are on pre-charge bail, the Police and Criminal Evidence Act 1984 sets statutory time limits: in standard cases, this is an initial bail period of 3 months, extendable by a police inspector (a further 3 months) and then a superintendent (a further 3 months). Beyond 9 months, the police must apply to a Magistrates’ Court. However, expiration of the time-limit for bail does not necessarily mean that you will not be charged. The police may simply release you under investigation whilst the CPS continue to consider their charging decision.
If you have been released under investigation (RUI) rather than bailed, there are no statutory time limits, and cases can remain open for considerably longer.
What Happens After the CPS Drops Your Charges?
If the CPS drops your case, several things could follow:
Your bail conditions may end. Any bail conditions – curfew, non-contact requirements, reporting requirements – cease immediately. However, if the CPS drops some, but not all, charges, you may still be subject to bail conditions. It is essential that you seek legal advice if you find yourself in this situation.
You will no be required to attend court for the dropped matter. If charges are dropped before court proceedings begin, there is generally no court hearing. However, if the CPS drops some, but not all, charges, you will still be required to attend Court in connection with the remaining charges. It is essential that you seek legal advice if you find yourself in this situation.
A discontinued case can potentially be restarted. Unlike a formal acquittal, discontinuance under the Prosecution of Offences Act 1985 does not prevent the CPS from bringing fresh proceedings on the same evidence. This is uncommon but possible if significant new evidence emerges. This is different to a case which has been dropped by offering no evidence, which can only be restarted in strict and rare circumstances.
The victim may request a review. Under the Victims’ Right to Review (VRR) scheme, introduced in 2013, victims can request a review of any CPS decision to drop charges. The review is conducted in two stages: first by a senior prosecutor in the local CPS area, then (if requested) by the national CPS Appeals and Review Unit. The CPS aims to complete reviews within 30 working days.
If you receive a No Further Action letter, this confirms the investigation is closed indefinitely and that, as matters stand, no charges will be brought. However, it is important to be aware that this is not a permanent outcome. Whilst unlikely, it is possible for the police to reopen the case at a later date if further evidence comes to light.
Get Expert Legal Advice
If you have been charged with a criminal offence and believe your case should be dropped, speaking to an experienced criminal defence solicitor as early as possible gives you the best chance of a positive outcome.
At JD Spicer Zeb Solicitors, our criminal defence team can:
- Review the prosecution evidence and identify weaknesses in the case against you
- Make pre-trial representations to the CPS arguing for charges to be dropped
- Present medical, psychiatric, or other mitigating evidence
- Negotiate alternative disposals such as cautions or community resolutions
- Represent you at court if the case proceeds
Contact us today:
- London: 020 7624 7771
- Birmingham: 0121 614 3333
- Manchester: 0161 835 1638
- 24/7 Emergency Line: 07836 577 556
We offer Legal Aid for eligible clients and competitive private fees for those who do not qualify.
Frequently Asked Questions
Can I contact the CPS myself about my case?
You can contact the CPS directly, but it is almost always better to communicate through your solicitor. The CPS Witness Care Unit handles enquiries from victims and witnesses, while defendants are expected to engage through their legal representative. Your solicitor will know how to present arguments in a way that is most likely to influence the CPS decision.
How long does the CPS take to make a charging decision?
For summary only offences (which can only be tried in the Magistrates’ Court), charges must be brought within a specific time limit, usually 6 months from the date of the alleged offence. However, for either way or indictable only offences, there is no fixed timeframe for CPS charging decisions. The time taken depends on the complexity of the case, the volume of evidence, and the seriousness of the offence.
Can charges be dropped due to mental illness?
Yes. The CPS must consider the suspect’s mental health when applying the public interest stage of the Full Code Test. If a serious mental health condition contributed to the alleged offence, and prosecution would be disproportionate, the CPS may decide to discontinue. Your solicitor can support this by providing psychiatric evidence. However, this is not the only factor to be considered at the public interest stage, and thus a prosecution may proceed notwithstanding the presence of mental health issues.
Can you drop domestic violence charges?
Only the CPS can decide to drop charges – victims cannot “drop” or “press” charges in England and Wales. If the victim withdraws their support, the CPS will consider whether there is sufficient other evidence to proceed. In domestic violence cases, the CPS frequently continues with prosecution even where the victim has retracted their statement.
What is the difference between discontinuance and acquittal?
Discontinuance means the CPS has stopped the case, but it can potentially restart proceedings later. A formal acquittal (when the prosecution offers no evidence and the court records a not guilty verdict) is effectively permanent and means the case cannot normally be reopened.
Can the CPS restart a case after dropping charges?
If charges were dropped through discontinuance, yes – the CPS can bring fresh proceedings on the same facts under sections 23(9) and 23A(5) of the Prosecution of Offences Act 1985. If the prosecution offered no evidence and you were formally acquitted, restarting the case would be extremely difficult.
Related Articles
- What Evidence Does the CPS Need to Charge Someone?
- What is a ‘No Further Action’ Letter?
- Signs Your Case Will Be Dismissed in the UK
- Can the Police Press Charges Without the Victim’s Consent?
- How Can I Get the Police to Drop Charges Against Me?
- On Bail But Not Charged - What Does It Mean?
- Should You Say “No Comment” in a Police Interview?
This article is for general information only and does not constitute legal advice. For advice about your specific situation, please contact a solicitor.