If you’ve been accused of a sexual offence and the case is dropped, it may feel like the matter is over. But in some circumstances, the prosecution can bring the same charge again later, particularly if new and compelling evidence comes to light.

This article explains the circumstances in which criminal charges can be brought again after being dropped, and how the law limits this through what’s known as the “double jeopardy” rule. The double jeopardy principle protects individuals from being tried twice for the same offence once they’ve been acquitted, but there are specific exceptions where proceedings can be revived  - particularly in serious cases where new and compelling evidence emerges.

If you’re an accused person under investigation or worried about being recharged after charges have been dropped, it’s critical to understand how the system works and when to get expert legal advice.

When can charges be brought again?

In England and Wales, once charges have been dropped, the matter is over unless new developments arise. Whether it is possible to bring charges later depends heavily on the stage the case had reached before it was stopped:

If charges were dropped before trial

This usually means the police or the Crown Prosecution Service (CPS) concluded that there was insufficient evidence or that it was not in the public interest to proceed.

In this scenario, you can be charged again. The case may be reopened if:

• Further evidence or additional information becomes available.
• The public interest test is reconsidered due to new developments.
• The victim’s family makes a formal complaint that prompts a second review.

This applies whether the original charges were dropped by the police, the prosecutor, or the CPS before a court hearing was scheduled.

If the case went to trial and you were acquitted

If you were found not guilty at trial, the case cannot normally be brought again. The double jeopardy rule prevents someone from being prosecuted twice for the same offence, and this protection applies regardless of how the acquittal came about.

This applies whether:

• You were acquitted by a jury at the end of the trial.
• The trial judge dismissed the case due to insufficient evidence.
• The court issued a formal acquittal on a legal basis, such as an abuse of process argument.

This rule is rooted in the long-standing principles of English criminal law, sometimes referred to by the Latin terms autrefois acquit and autrefois convict.

What are the exceptions to double jeopardy under the Criminal Justice Act?

The Criminal Justice Act 2003 made key changes to the rule against double jeopardy. In certain situations, someone can face criminal charges again, even after a full not guilty verdict at their original trial. Most sexual offences are considered qualifying offences under the Criminal Justice Act, meaning they fall within the exceptions to the double jeopardy rule. Certain offences may be open to new charges if:

• Compelling new evidence has emerged that was not available at the time of the first trial.
• The Court of Appeal agrees it is in the interests of justice to quash the original acquittal and order a retrial.

In these rare cases, prosecutors can reinstate the same indictment based on the same facts, as long as they can demonstrate that the new evidence could lead a reasonable jury to convict.

What qualifies as compelling new evidence?

Examples of evidence that could result in being charged again include:

• Allegations from a new complainant with matching details.
• Evidence comes to light on a device seized after the first case.
• An earlier witness statement is found to be false or incomplete.

Once this test is met, the same charge may be reinstated, and a new court hearing set.

How does this affect sexual offences?

Most sexual offences are considered qualifying offences under the Criminal Justice Act, meaning they fall within the exceptions to the double jeopardy rule. This means if you were previously investigated or even tried and acquitted, you could be charged again if compelling new evidence is discovered.

For sexual offences, public interest considerations often carry more weight - especially when multiple victims or safeguarding concerns are involved.

What if I pleaded guilty or accepted a caution?

If you previously pleaded guilty or accepted a conditional caution or other out-of-court disposal, you cannot usually be charged again for the same offence.

However, complications can arise if:

• The police or CPS argue it was a different offence arising from the same facts.
• You’re accused of other counts in a linked investigation.
• You were one defendant among several, and the CPS is now revisiting the full case.

This is why seeking legal advice is vital before accepting any offer to drop charges in exchange for a non-court outcome. You could unknowingly limit your defence options or expose yourself to a same-effect re-prosecution later.