How To Get The Police To Drop My Case

Getting the police to drop a case is understandably a priority for many who are under police investigation for a criminal offence, and as defence lawyers it is our aim to stop proceedings as soon as possible, and where we can, for our clients.

Not everyone who is investigated by the police is charged with an offence, and with experienced criminal defence lawyers working on your case during the investigation stage, before you are charged and required to attend court, it is possible for no further action to be taken and for your case to be effectively dropped. Below we explain the charging decision process and how we can work with our clients to get their cases dropped before charge.

How Do The Police Charge People With A Criminal Offence?

The police can arrest anyone where they have a reasonable suspicion that they have committed, are about to commit, or are committing a criminal offence. When a person is arrested they will be taken into custody and booked in at the custody desk. They will have their fingerprints and DNA taken and held in a cell until officers are ready to interview the suspect. All suspects have the right to a solicitor when they are interviewed by the police, and we urge everyone regardless of their innocence or guilt to seek legal advice when in this very vulnerable position.

The police can hold a person under arrest for 24 hours without charging them, and up to 96 hours where an application to the Magistrates for an extension of time is successful.

In some instances a suspect may not be arrested at all, and instead interviewed as a volunteer. This does not mean the police are treating the suspected offence any less seriously and again, obtaining legal advice for a voluntary interview under caution is strongly advised.

Where a suspect is not charged at the police station they will be released on bail pending investigation. This is often the case in most sexual offence cases due to the requirement for the police to further investigate the alleged offence, further enquiries the police may wish to make can include forensic examination of electronic equipment, forensic examination of swabs, speak with witnesses, obtain third party material and/or make CCTV enquiries. The list of what the police do during an investigation of a sexual offence is endless and dependent on the particular circumstances of each individual case. This is where pre-charge engagement can be crucial as it is important as defence solicitors that we make sure an impartial investigation is being carried out and that lines of enquiry are also being made on behalf of the suspect.

Pre- Charge Engagement and How This Can Lead To The Police Dropping Your Case

Pre-Charge Engagement with the police is crucial, particularly in sexual offence cases where the evidence ultimately comes down to one persons word against another. We find in many cases that there is a background to the circumstances which the suspect hasn’t explained during their interview, or has explained but come away thinking they could have said more to help prove their innocence.

Pre charge engagement allows defence lawyers to liaise with the investigating officer and suggest lines of enquiry to assist out clients. We have seen many cases where clients have come to us having been charged who unfortunately made the decision to sit and wait during the investigation and not take the pro-active approach available to them, when we look at the case there could have been much more done at the initial stages which potentially would have led to a different outcome for our client, and the case being dropped.

Working to get a case dropped before charge is priority when we are instructed early in a case. Our team take over the management of the case and in some respects guide the police into looking down avenues which ultimately benefit our client. The police are suppose to be impartial investigators, but changes to the way in which they are trained, particularly when investigating sexual offences, unfortunately leads them to being much more supportive of the complainants case and a prosecution.

Throughout the months you are investigated we remain heavily involved with the police and take an extremely pro-active approach. When the police have concluded their investigation, and if the case is being passed to the CPS for advice or for a charging decision our lawyers are ready and with full knowledge of the case will submit pre-charge representations where it is in our clients interests to do so. At Eventum Legal our pre-charge representations can take the form of a mini defence bundle which can include various documents which support our clients case, this is a carefully drafted document and cleverly done over many months having observed the police enquiries and worked closely with our client to challenge each piece of the case against them.

What Will The CPS Consider When Deciding Whether To Charge?

When the CPS receive the case from the police the allocated reviewing lawyer will begin to apply the two stage test to see if the case meets the charging standard. The test is made up of two questions:

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

Ordinarily, in a case where there has been no pre-charge engagement, the only document the CPS have to consider for the suspect is their police interview. However, where there has been the submission of representations and a defence bundle the suspect all of a sudden has more of a voice during this crucial process.

All the points that have been gathered by the defence during the police investigation in relation to the allegations and our views on the strength of potential evidence can be addressed. Evidential weaknesses can be raised and we can show why the test for charge is not met, leading to the CPS dropping the case and resulting in a no further action result.

Our Five Step Approach to Pre-Charge Representation and Aiming to Get Your Case Dropped

Conference with you - we must understand your circumstances and your response to the allegations. Getting to know our clients is extremely important to enable us to represent your case as strongly as possible. We pride ourselves on our ability to build exceptional working relationships with our clients.
Obtain all disclosure from the police and previous solicitor (where relevant). Information gathering is a crucial step in ensuring that we are responding to the allegations accurately and in a way which will not make matters worse for our client.
Discuss and explain the case to you so that you understand the disclosure and potential offence/s that arise. Understanding the evidence and legal issues that arise that may affect you is important as this can have an impact on the information we advance on your behalf.
Drafting and submitting supporting evidence and representations. Throughout steps 1-3 it is often that our clients will have information, responses and supporting documents to assist their defence. This information will be reviewed and provided to strengthen our pre-charge representations.
Submitting our defence representation bundle to the police. This bundle will be marked for the attention of the reviewing lawyer at the CPS and will be sent alongside the police investigative file.

Whilst we are going through our 5 step process, our client will be thoroughly supported and their legal interests strongly protected.

Our role despite the allegation is to protect you, to afford you with a voice during a very and emotionally testing time and to achieve the best possible outcome possible to allow you to continue with life.

If you are under investigation and wish to discuss how we can approach your case and prepare pre-charge representations with a view to your case being dropped, speak to our specialist defence lawyers free of charge today.

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What To Expect At A Pre-Trial Review

By Jessica Wilson • April 22, 2025

Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.