Facing criminal charges in the UK can be a distressing and life-altering experience. If you're involved in a criminal case, you might be wondering if there are signs your case could be dismissed. While certain factors may suggest a potential for dismissal, it’s important to note that nothing is guaranteed. 

The outcome of a case depends on numerous legal, procedural, and evidential factors. Understanding the potential reasons for dismissal and the factors involved can help you feel more informed and prepared and, at Tyler Hoffman, we know that the hope of a positive outcome can make a big difference to your experience of the criminal justice system.

Below, our experts explain some of the most common signs and reasons a case may be dismissed.

Insufficient evidence

A common reason for a case to be dismissed is the prosecution's failure to present sufficient evidence to prove the charges, thereby weakening the prosecution's case. In the UK, the Crown Prosecution Service (CPS) applies a two-part test to decide whether a case should proceed:

1. Is there enough evidence to provide a realistic prospect of conviction?
2. Is it in the public interest to prosecute?

If the CPS believes there is insufficient evidence, it may drop the charges before the case reaches court. Similarly, during a trial, if the evidence provided is not compelling enough to meet the legal standard of proving guilt beyond a reasonable doubt, the judge may dismiss the case.

Common examples of insufficient evidence include:

• Unreliable witnesses: If key witnesses change their story, provide conflicting statements, or fail to attend court, it weakens the prosecution's case.
• Lack of physical evidence: Without forensic evidence or material proof linking the defendant to the crime, the prosecution may struggle to prove its case.
• Illegally obtained evidence: If evidence was gathered unlawfully, such as without a proper search warrant, it can be ruled inadmissible and weaken the prosecution’s case. It is important to instruct a solicitor at your earliest opportunity, as they will be able to monitor evidence gathering and assess its legality.

Your defence solicitor can challenge the prosecution’s evidence, especially if it is purely circumstantial, speculative, or reliant on questionable testimony. Without concrete evidence to support the charges, the judge or CPS may opt to drop the case. We can assess the evidence gathered by the prosecution and advise you of whether or not we believe charges are likely to be dropped.

Errors in the criminal complaint

A criminal complaint (or charge sheet) outlines the specific allegations against the defendant. Any errors in this document can weaken the prosecution’s case or even lead to its dismissal, and you should have your solicitor check it over. For example, any incorrect facts about the date, location, or nature of the alleged crime could call the entire criminal complaint into question.

The indictment must clearly and accurately state the specific offence with which the defendant is charged. If the charge sheet is found to have significant errors, such as citing the wrong law or failing to provide sufficient details, the court may throw out the charges on procedural grounds.

A solicitor can examine the criminal complaint for mistakes, and if discrepancies are found, they may argue that these undermine the credibility of the prosecution’s case. The experts at Tyler Hoffman have a wealth of experience in this area. Furthermore, we might challenge the charging decision itself, especially if there is evidence that the prosecution misapplied the law or overlooked important procedural steps. This can bring your case to an early end and have the charges dropped.

Unreliable witness testimony

Witness testimony is often a critical component of the prosecution’s case, but inconsistent or conflicting witness statements can leave the prosecution unable to prove the case beyond a reasonable doubt. Our defence solicitors will closely scrutinise witness testimony, looking for any inconsistencies that can be highlighted during cross-examination. 

If witnesses provide inconsistent accounts, are unable to remember key details, or are found to have ulterior motives, the defence may challenge their credibility. Finding these contradictions is part of your solicitors job, and if we find that the prosecution is relying on unreliable witnesses, this can severely weaken their case. This could lead to a dismissal of charges if the witnesses are central to the prosecution’s ability to prove the case.

In some instances, witnesses may decide to retract their statements or refuse to testify. If a key witness fails to appear in court, the prosecution may be left with insufficient evidence to continue. If the CPS is not able to meet the burden of proof, the judge may choose to dismiss the charges. However, it is impossible to rely on this outcome and your solicitor should still prepare a robust legal strategy in these cases.

Lack of reasonable suspicion

In the UK, police officers must have reasonable suspicion to make an arrest. “Reasonable suspicion” means that the police have some objective basis for suspecting that the person has committed a crime. As such, if the arrest was made without sufficient grounds, it can be considered unlawful, and a lack of reasonable suspicion may be argued by the defence to challenge the validity of the arrest. If the court agrees that the incident did not meet the legal standards for arrest, this can lead to the dismissal of the charges.

Illegal evidence

Similarly, searches and seizures by law enforcement must comply with strict regulations under the Police and Criminal Evidence Act (PACE) 1984. If police conduct an illegal search without proper legal authority (for example, without a valid search warrant), any evidence obtained through that search may be ruled inadmissible in court. If the prosecution’s case relies heavily on evidence obtained through an illegal search or seizure, the exclusion of this evidence may lead to the collapse of the case.

In such situations, the defence solicitor can argue for the case to be dismissed, as the remaining evidence may be insufficient to secure a conviction. Your solicitor will explain the likelihood of this and whether or not it will form part of your defence when first building your case.

Mistakes made during the legal process can be grounds for dismissal, as procedural fairness is critical to ensuring a defendant’s right to a fair trial. Our criminal defence solicitors play a critical role in identifying and challenging procedural errors that can jeopardise the case.

For example, the CPS is required to disclose all relevant evidence to the defence, including any evidence that might exonerate the defendant. If prosecutors fail to do this, the defence can argue that their client has not received a fair trial, and the case may be dismissed. Other procedural errors can include the mishandling of evidence, improper conduct during police interviews, or significant delays in bringing the case to trial. If this type of impropriety can be proved, it is often sufficient to dismiss charges.

If the defence can show that evidence has been obtained illegally - whether through a breach of PACE or other improper methods - this evidence can be excluded from the trial. In these cases, a criminal defence lawyer from Tyler Hoffman will file a motion to suppress evidence obtained through illegal means. Without this key evidence, the prosecution may struggle to prove their case, and may have no choice but to drop the charges or face a dismissal.

Favourable plea deal

If the CPS recognises that its criminal case is weak, it may offer the defendant a favourable plea deal. Our criminal defence lawyers can also try to negotiate favourable plea deals when the prosecution's case is weak. This generally involves the defendant pleading guilty to a lesser charge in exchange for a reduced sentence or dropping more serious charges.

While plea deals are less common in the UK than in other jurisdictions, they may still be an option, especially in complex cases where the prosecution is uncertain about securing a conviction. Accepting a plea deal can be a strategic decision for the defendant, and we will advise you on whether or not we believe you could benefit from a guilty plea...

The role of a criminal defence solicitor

A knowledgeable criminal defence solicitor is important in identifying weaknesses in the prosecution’s case. At Tyler Hoffman, our expert criminal defence solicitors have a wealth of experience in this area and will always try to help clients avoid a criminal conviction by identifying weaknesses in the prosecution's case.

Your solicitor will review the criminal complaint, scrutinise the evidence, and determine if there are any procedural or evidential grounds for dismissal. Our experienced solicitors understand the complexities of criminal law and will look for errors, procedural breaches, or gaps in the prosecution’s case, from challenging witness testimony to highlighting any inadmissible evidence.

We may also argue for the dismissal of charges based on procedural errors, insufficient evidence, or other legal issues identified during their review of the case, and our expertise in challenging the CPS’s decisions and police procedures can significantly affect the outcome of the case. At all times, we’ll be honest about whether or not we believe that charges are likely to be dropped, so you can make the right decisions about your case moving forward.

What happens after a case is dismissed?

If your case is dismissed, the criminal charges against you are dropped, and you will not face further legal proceedings. In most instances, the dismissal means that no criminal record will remain attached to your name, and the case is closed. 

A dismissal with prejudice would prevent the case from being reopened or brought back to court in the future. However, it’s important to note that some dismissals are without prejudice, meaning that the CPS can choose to reopen the case if new evidence emerges.

If your charges have been dropped or your case dismissed, your solicitor will guide you on what steps to take next, whether that means seeking compensation for any wrongful arrest or appealing against a conviction for a lesser charge.