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Signs Your Case will be Dismissed in the UK

View profile for James O'Donnell
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  • Partner Crime - Serious Cases/Appeals

If you are being investigated for a criminal offence, the prospect of your case proceeding to trial can be daunting.

It is natural to look for signs that your case may be dismissed by the police or CPS, as this is often the best possible outcome. If the defence your criminal solicitor has built is strong, dismissal is certainly possible.

Cases in the UK are often dismissed where there is insufficient or weak evidence, particularly if the allegation is minor or involves a first-time offence. A case may also fail if evidence was illegally obtained and therefore cannot be used, or if the police or CPS have made procedural errors that undermine the fairness of the investigation.

Sometimes the CPS concludes that continuing with a prosecution is not in the public interest or that the time and resources required for a trial cannot be justified in light of the issues in the case. In these situations, a decision may be made to stop proceedings.

While this guidance can be helpful, it should not be treated as legal advice. If you need specific advice about your circumstances or want to understand the likelihood of your case being dismissed, please get in touch and our team can provide tailored support.

Can a case be dismissed before trial?

Yes, a court case can be dismissed before trial, either by the police or the Crown Prosecution Service (CPS).

In very straightforward cases, the police may elect to drop charges before passing information on to the CPS, while in other situations, they will elect to ask the CPS for advice on gathering evidence or charging.

If the CPS is involved in a case, they could decide to drop charges before a court trial via ‘discontinuance’.

Under Sections 23 and 23A of the Prosecutions of Offences Act 1985, prosecutors have the power to discontinue proceedings without obtaining the leave of the court. This avoids the need for a court hearing and the subsequently unnecessary attendance of the relevant parties.

While discontinuation may be more convenient as you will not have to attend court, it should be noted that it will not lead to acquittal. This means that the prosecution can be restarted at a later date with the same evidence.

Can a case be dismissed during a trial?

If a case proceeds to a criminal trial, it can also be dismissed if the prosecution decides to offer no evidence in court. This would lead to a formal acquittal, which is similar to a not-guilty verdict. When a case is formally acquitted, it is often very difficult to re-instigate it, and the charge(s) will be dismissed.

What happens when a court case is dismissed in the UK?

The next steps after a case is dismissed will usually depend on how the case was dismissed in the first instance. For example, if the case is discontinued, this does not necessarily mean you have been absolved of responsibility for an alleged crime, and the case could still be reopened at a later date.

If the case has been formally acquitted, it is unlikely that the case will be reopened. Even still, it is important that you speak with your criminal defence solicitor, who will be able to provide a clear and honest assessment of your case and what could happen next, depending on the potential strength (or lack thereof) of the prosecution’s case.

If my court case is dismissed, will it still show on my record?

If you have been arrested but your case has not led to a charge, this may not show up on a basic or standard DBS check but may show on an enhanced DBS, depending on whether it is considered relevant. We do not advise on DBS checks.

Can you request for a case to be dismissed?

Yes, it is possible for you, or more likely your criminal defence solicitor, to formally request a case to be dismissed. If you make a request for a case to be dropped, you will, of course, need to provide compelling reasons as evidence.

What should you do if you need support with having a case dismissed?

If you are facing a potential conviction, having your case dismissed will undoubtedly be the best possible outcome. Even if the prosecution lacks evidence, securing a dismissal is not always straightforward and will require the support of a specialist criminal defence solicitor. This is something our team can support you with.

Our specialist criminal defence solicitors have over 45 years of experience handling a wide range of criminal cases. This experience ensures we are in the best possible position to advise you on the best way to handle your case, including what needs to be done to achieve a dismissal.

It may not be possible to secure a dismissal in every situation. If this is the case, we will provide you with the necessary support to achieve the best possible outcome, which could mean helping you achieve a not-guilty verdict in court or securing a lower sentence where conviction is unavoidable.

We are highly skilled at dealing with all forms of evidence that are relied on in criminal law cases, including digital evidence and witness testimony. This means that we have all of the necessary tools to build a strong defence case and the ability to identify any flaws in the case against you.

We have been accredited by the Law Society for Criminal Litigation. This, along with our extensive experience, means that we can demonstrate a strong track record of previous success. Over the years, we have also established strong relationships with many of the country’s leading criminal defence barristers.

Related matters

We provide support and guidance on various related matters, including:

Fees and funding

We understand the importance of being clear and transparent when it comes to legal fees.

Legal aid may be available for your case, depending on whether it passes a means test and whether the grant of public funding is justified.

Where you do not qualify for legal aid, the alternative will be to fund the case on a private basis.

To find out more about the way we handle fees (both legal aid public funding and private fees), please use the links provided below:

Contact our criminal defence lawyers today

If you are due to attend the police station, require urgent specialist advice, or require immediate representation, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone at:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

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