When an incident leads to police involvement, but the alleged victim has since said they no longer wish to take the matter further, it’s natural to think that the case will end there. Many people believe that if the person making the complaint no longer wants to press charges, the police will automatically stop their investigation. However, that is not how the criminal justice system works in England and Wales.

The process is managed by the police and the Crown Prosecution Service (CPS), who must decide if there is enough evidence to justify prosecution. This article explains how charging decisions are made, what happens when the victim withdraws cooperation, and the circumstances in which a case can continue without the victim’s consent.

Who decides to press charges, the police or the victim?

In the UK, the phrase “pressing charges” is often misunderstood. In some countries, victims decide whether to press charges, which determines whether or not a case proceeds. However, this is not the case in England and Wales, where the police investigate an alleged crime, collect evidence and refer the case to the CPS. The CPS then decides whether to authorise charges, based on legal tests set out in the Code for Crown Prosecutors.

The victim’s statement is a key piece of evidence, but it is not always essential. If the police have gathered enough information from other sources, a case can still move forward. This is common in domestic violence, sexual assault and violent offences, where public safety is a major consideration and where victims may feel pressure to withdraw participation from an investigation or criminal proceedings.

What happens when a victim doesn’t want to press charges?

If the alleged victim no longer wants to cooperate, the police and CPS must assess whether there is enough evidence to proceed without their involvement. This assessment will take place if the victim:

• Withdraws their statement.
• Refuses to attend court.
• Asks for the investigation to stop.

When this happens, the CPS reviews all the evidence collected. Prosecutors will consider whether continuing is in the public interest and whether the remaining evidence could convince a reasonable person that the alleged offender committed the crime.

In some cases, the CPS may still decide to bring charges even if the victim no longer wishes to be involved. If the case proceeds to court and the victim refuses to attend, the prosecution might explore ways to continue without their live evidence, such as relying on recorded statements or other witnesses. In rare situations, the court may allow the victim to be treated as a hostile witness, but this only happens when there is no alternative and the prosecution believes the evidence is strong enough to justify continuing.

What evidence can be used without the victim’s consent?

A criminal case can proceed on the strength of other material, even if the alleged victim stops cooperating. This can include:

• Digital evidence such as text messages, call logs, social media chats or GPS data.
• Witness statements from other family members, neighbours or bystanders.
• Body-worn camera footage recorded by police officers at the scene.
• Forensic or medical evidence linking the accused to the alleged crime.
• 999 recordings or initial statements, where legally admissible.

If these materials together provide a realistic prospect of conviction, the CPS may press charges even without the victim’s consent. This approach is often used in domestic abuse and sexual assault cases, where there is concern about ongoing risk or intimidation of victims.

The CPS test for pressing charges

When making charging decisions, the CPS follows the Full Code Test, which has two stages.
The first is the evidential stage. Prosecutors must decide if there is enough reliable evidence to give a realistic prospect of conviction. If the available material, such as witness statements, digital records, or forensic findings, wouldn’t convince a reasonable court, the case should not proceed.
The second is the public interest stage. Even if the evidence is strong, prosecutors must consider if taking the case to court is justified. They look at the seriousness of the alleged offence, the harm caused, and whether prosecution is proportionate, especially if the alleged victim does not wish to take part.

A criminal defence solicitor, such as the experts at Tyler Hoffman, can intervene during this stage, reviewing the evidence and making representations to the CPS to show why the case fails one or both parts of the test. This can often prevent weak or unfair charges from being brought. We will also:

• Scrutinise the evidence gathered and identify weaknesses in the prosecution case.
• Make early representations for the case to be closed or downgraded.
• Protect you from inadvertent self-incrimination during formal or informal police interviews.
• Argue that prosecution is not in the public interest, particularly if the alleged victim opposes it.

At Tyler Hoffman, our criminal defence solicitors have extensive experience representing clients in domestic violence, sexual assault, and other serious criminal cases. We act quickly to review disclosure, assess the evidence, and push for early decisions that prevent unnecessary trials. Call us 03300 536 786 or use our online contact form to arrange a confidential discussion with our defence team.