If the Crown Prosecution Service (CPS) decides not to proceed with your case, the charges against you may be dropped before a court hearing takes place. This ends the prosecution and means no trial goes ahead. The reasons usually relate to whether there is enough criminal evidence to meet the legal test, or whether pursuing the case is in the public interest.

In this blog, our expert criminal defence solicitors explain what happens if charges against you are dropped before court, the difference between discontinued proceedings and a not guilty verdict, and how an experienced criminal defence solicitor can intervene to improve your position. We also look at what this means for your legal rights, the possibility of the same offence being raised again at a later date, and how early intervention can affect outcomes in the criminal justice system.

How the Crown Prosecution Service Decides to Drop Charges

The CPS is responsible for deciding whether a criminal case should continue to court. Before formal charges progress to a Magistrates Court or Crown Court, the CPS applies what is known as the Full Code Test. This test has two stages:

• Sufficient evidence: there must be enough reliable criminal evidence to give a realistic prospect of conviction.
• Public interest: even if the evidence exists, the CPS must decide whether it is in the public interest to pursue the alleged crime.

If either of these tests is not met, the CPS can decide to drop the charges before you are required to attend court. This may happen early in the process or closer to trial if new information comes to light.

What Dropping Charges Means for Your Case

When charges are dropped before court, the criminal case does not progress to a hearing. You will not be required to attend court, and no trial will take place. This brings the prosecution to an end for that instance of the alleged crime.

It is different from a not guilty verdict, which follows a full trial and results from the court deciding there is reasonable doubt in the prosecution’s case. When charges are discontinued, the matter does not reach that stage of the legal system. Instead, the CPS confirms that the evidence or public interest test has not been met.

Even when the CPS drops the case, it’s possible that the alleged victim or another party could attempt to bring a private prosecution. However, these are rare and subject to the same legal standards as public prosecutions. The CPS can step in to stop the process if the case does not meet the evidential or public interest tests - so being targeted by a private prosecution does not mean it will necessarily go to trial.

Does having charges dropped give you a criminal record?

You will not get a criminal record if charges are dropped. While this outcome of a police investigation prevents a criminal conviction, it does not erase the fact that you were under investigation for a criminal offence. Records may still exist that show you were subject to an allegation, and in some circumstances this can appear in background checks. That is why obtaining early legal guidance is vital even when you do not believe the case will move forward.
There is also the possibility of the same offence being raised again at a future date if new or stronger criminal evidence comes to light. This is more likely in serious cases, such as domestic violence or criminal damage, where the CPS may choose to revisit its decision.

A solicitor will request a detailed note from the CPS explaining why the case was discontinued. Having this record can be valuable if questions arise later - for example, during employment checks, professional licence applications or if the prosecution attempts to reopen the matter.

Reasons Charges May Be Dropped

The CPS may decide not to move a case forward to court proceedings for a number of reasons, including:

• Insufficient evidence: where there is not enough reliable criminal evidence to remove reasonable doubt.
• Unreliable evidence: for example, where witness statements change or are withdrawn.
• Public interest factors: even if evidence exists, it may not be proportionate to continue - such as where the defendant has already pleaded guilty to related matters.
• Procedural issues: errors in the handling of the investigation, breaches of the criminal procedure rules or problems with disclosure can all end a case.
• Solicitor intervention: strong legal representation and early written submissions can persuade the CPS to drop formal charges before a Magistrates Court or Crown Court hearing.

If you are in custody when charges are dropped, you will usually be released immediately. The CPS will issue written confirmation, sometimes in the form of a discontinuance notice.
It is worth noting that charges can be reinstated later if new evidence emerges. In rare cases, a judicial review can be sought to challenge the CPS decision.

What You Can Do to Help Get Charges Dropped

The most effective step you can take is to instruct an experienced criminal defence solicitor at the very beginning of your case. Early legal intervention can make all the difference.

The Tyler Hoffman criminal defence team can:

• Scrutinise the evidence to identify any weaknesses or inconsistencies in the prosecution’s case.
• Submit written representations persuading magistrates or crown prosecutors to discontinue proceedings.
• Challenge the prosecution’s theory and highlight any insufficient or unreliable evidence.
• Present compelling mitigating circumstances showing why continuing the case is not in the public interest.

Waiting until a court date is set means missing out on key opportunities to prepare and mount your defence. You need a solicitor involved at the earliest stage to maximise your chances of having the charges dropped before formal proceedings begin.