Wrongly Accused: How We Can Help Get Your Case Dropped
I have been charged with a criminal offence and believe I should not be. I want my case dropped, how can I do this?
If you have been charged with a criminal offence and believe you should not be, your criminal defence solicitor can attempt to get the case discontinued.
What is required in order to charge someone with a criminal offence?
In order for the Crown Prosecution Service (‘CPS’) to charge someone with a criminal offence, the Full Code Test must be met save for limited circumstances when the Threshold Test may be applied. There are two stages to the Full Code Test namely:
- The Evidential Stage
- The Public Interest Stage
Prosecutors must only start or continue a prosecution when the case has passed both stages of the Full Code Test. As such, even if there is enough evidence to charge you, if it is not in the public interest then the prosecution should not be proceeded with.
The Evidential Stage
The Evidential Stage concerns whether there is enough evidence to charge you with the offence and the quality of that evidence. Questions a Prosecutor will consider when looking at this stage are as follows:
- Can the evidence be used in court?
- Is the evidence reliable?
- Is the evidence credible?
- Is there any other material that might affect the sufficiency of evidence?
Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against you, this means that there is enough evidence for the Court to find you guilty of the offence. If there is not enough evidence to meet the Evidential Stage, then the case must not proceed, no matter how serious or sensitive it may be.
Examples of how the Evidential Stage can be challenged by us is if the evidence is admissible (can be used in Court), or if there are issues with the accuracy or integrity of evidence provided e.g. if the witness is an alcoholic and was under the influence at the time of the incident then their evidence is less likely to be accurate.
The Public Interest Stage
Even if there is enough evidence to prosecute someone, Prosecutors must consider whether prosecuting you (taking you to Court) is in the public interest. As part of looking at the public interest test, Prosecutors should consider the following questions:
- How serious is the offence committed?
- What is the level of culpability of the suspect?
- What are the circumstances of, and the harm caused to the victim?
- Was the suspect under the age of 18 at the time of the offence?
- What is the impact on the community?
- Is prosecution a proportionate response?
- Do sources of information require protecting?
The lower level the offence, the stronger the argument can be made that it is against the public interest to take you to Court for it. Culpability (the degree to which someone is responsible) depends on various matters such as the level of your involvement and whether you have a criminal history for engaging in similar behaviour.
Age and maturity are also an important consideration – the younger you are, the less culpable you may be. If you suffer from mental health issues or learning difficulties, this could potentially reduce your culpability and medication documentation should be obtained in support of this.
The CPS guidance in relation to the Full Code test can be found here.
How can my solicitor get the case dropped?
We can write what is known as a ‘letter of representations’ to the CPS if you have been charged with an offence and are going to Court. We can even write to the police in an attempt to avoid you being charged and taken to Court setting out why the case should not be pursued. In that letter, we will address the Full Code test in detail and apply it to your case. We can also attach any supporting evidence you have to corroborate your account or character references.
Another avenue which can assist in resulting in a matter being discontinued is obtaining expert evidence. For example, in a recent case Ghislaine was instructed on she obtained evidence from various experts who outlined how the N word is used between those in black community expressing identity and solidarity and is not discriminatory when used in such a manner.
You can read more about that specific case here.
Ghislaine also drafted a very lengthy Defence Case Statement with substantial disclosure requests (asking the CPS for material) such as whether various parties had consulted their equality and diversity team/s about the nature of the use of the word and whether a black person would find it offensive in the particular circumstances of the case. Requests for disclosure of documentation can assist in cases where you feel the police have not acted properly or fairly.
Another example of where Ghislaine used a Defence Case Statement and disclosure requests which resulted in a matter being discontinued was when her client was alleged to have stabbed someone, which the CCTV showed was in self-defence, however the police had been alerted on a numerous occasions as to her client’s fear and safety issues in relation to this person. Requests were made for any and all enquiries made and evidence obtained by the police relating to previous incidents that had been reported by our client as well as the steps taken to verify our client’s account in interview by contacting witnesses he had referred to.
How can Hodge Jones & Allen Solicitors help?
Our Criminal Defence department regularly writes letters of representations to the police and/or CPS which result in favourable outcomes for our clients. If you would like our legal experts to represent you, please contact our offices to discuss your case. Call 0330 822 3451 or request a callback online.