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Signs Your Case will be Dismissed in the UK

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

In such a situation, it is understandable that you may be looking for any signs that your case will be dismissed by the police or CPS This is usually the outcome you will be hoping to achieve, and if the case your criminal defence solicitor has helped to build is strong enough, it is certainly possible.

This article refers to the police or CPS not proceeding against you rather than the court determining formally at legal hearing that the case should be dismissed.

In the following article, we discuss the signs your case may be dismissed, when dismissal might happen, and what the next steps will be.

While we hope this information is useful, please note that it should not be taken as legal advice. If you need detailed advice about your case, please get in touch and our team can advise you.

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.

On what grounds can a case be dismissed?

There are several potential signs your case will be dismissed by the CPS. These include:

  • There is a lack of evidence
  • The offence is minor and/or it is a first offence
  • Evidence against you was illegally obtained and not admissible in law
  • The proper procedures were not followed by the police/CPS leading to irregularity
  • The case is not in the public interest
  • More time needs to be put aside for a later trial and this is not justified for some of the above reasons

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:

Related cases

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.

24/7 legal representation

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.

How can we help?

Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you. 

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED - 

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about  –

  • Whether we can take the case on and our relevant experience.
  • Public and private funding benefits.
  • Assistance in applying for legal aid where we are likely to accept instructions.
  • An outline of options in police interview only. We will not advise you on which option to adopt.
  • Providing our free written guide explaining the police station process.
  • The gravity of routine and day-to-day offences you face.
  • Consequences of not attending the court or police station.
  • Consequences of interfering with any witnesses.
  • Retaining any evidence in support of your case.
  • If possible an outline of the elements of the offence that the police or CPS must prove.
  • This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
  • Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

  • If we do not intend to take the case on.
  • Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
  • In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
  • Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
  • The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
  • The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
  • In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
  • If your relationship has broken down with your existing solicitor or several solicitors.
  • If you have been released under investigation and have already had a police station attendance. 
  • If you hold legal aid with another firm and seek a second opinion.
  • If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
  • To businesses.
  • Advising whether you were given good advice by your other solicitor.
  • Whether to decide to plead guilty or not guilty.
  • Whether you have an arguable defence in law or factually complicated defences.
  • Any advice you have had after your first court appearance.
  • Any advice on appeal on conviction or sentence.
  • If we feel we are unable to communicate with you.
  • If we are likely to be conflicted or breach our professional rules.