Domestic Violence: Can I Be Prosecuted If The Complaint Is Withdrawn?

Upon attendance at the scene of an alleged offence the police officer's may be wearing body worn cameras which is recording what is being said and the actions of the parties involved.  The footage gathered through the body worn cameras may be exhibited as evidence where it assists in proving an allegation of an offence, a complainant's account, admissions made by the suspect or the behaviour of the parties not long after the alleged incident. 

Photographs taken by police or the complainant which the police have can be used as evidence of a physical assault.  The body work footage taken by the police upon attendance at scene could also be used as stills to show any injuries the complainant had when they attended the location, and whether they are consistent with the original complaint. 

Third party material can consist of witness statements from people who may have concerns or observed abusive behaviour, such as; family members, friends, colleagues and/or neighbours. It can also include medical records, counselling and school records where relevant.

Professionals may be called upon by the prosecution to give their expert opinion on the affects of domestic abuse in particular cases. They may be asked to review the evidence in the case, and to provide their opinion on how victims of domestic abuse may behave and react to the abuse. 

The evidence that can and would be relied on varies on a case by case basis, it is important to remember that cases without a complainant are always going to be much weaker than cases where a complainant is engaging with the prosecution process. Obtaining legal representation as soon as possible is crucial to enable this weakness to be used to your advantage. 

Despite whether a complainant supports a prosecution or not the CPS must still satisfied the Full Code Test when deciding whether a suspect is going to be charged with an offence arising from domestic abuse. 

The test for domestic abuse prosecutions is the same as for any other offence and is referred to as  ‘the Full Code Test’. It is divided into two parts: 

The evidential stage of the Code test requires prosecutors to conduct an “objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or on which they might rely. It means that an objective, impartial and reasonable jury or bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the suspect of the charge alleged." This is a different test from the one that the criminal courts themselves must apply. A court may only convict if it is sure that the defendant is guilty.

It does not automatically follow that if there is sufficient evidence, there will always be a prosecution. A prosecution will usually take place unless there are public interest factors tending against prosecution that outweigh those tending in favour. Given the seriousness of domestic abuse offending, a prosecution will normally be required when the evidential requirements under the Code are met. There are, however, many factors, which may influence consideration of the public interest in prosecution.

Where the evidential stage has been met, but in circumstances where a complainant is not willing to support a prosecution, prosecutors will need to carefully consider the interests and safety of the adult and any child involved, other family members and other dependents when assessing whether a prosecution is in the public interest.

If there are children to the relationship or involved in any way with the complainant or the suspect, the prosecution would always consider the impact on them when assessing whether it is in the public interest to prosecute. The presence of children in domestic abuse cases does increase the seriousness of the crime. 

It would be wrong for a suspect to think that because the complainant is no longer willing to cooperate with police that the investigation will end and no further action will be taken. Therefore, obtaining legal advice and representation at the earliest possible stage is crucial, so that you can be properly guided in respect of any contact with and accounts given to the police. 

It can also be difficult for most suspects to communicate the complainant's wishes to the police due to bail conditions in place. There must never be the indication that the suspect and complainant have communicated and therefore, approaching a situation where an evidence led prosecution is possible must be done carefully and with the assistance of lawyers to avoid any further arrests. 

We are a law firm that specialise only in the defence of sexual and domestic abuse, we represent and defend men and women on a daily basis who are under investigation or have been charged with an offence. Our team are aware of the tactics deployed by police forces throughout England and Wales. By way of our free initial advice we aim to provide you with a clear action plan of how we can approach your case with a view to obtaining the best possible outcome.