Title: What happens if assault charges are dropped? | Lawtons Solicitors UK
Headings: What happens if assault charges are dropped according to UK law?
What happens if assault charges are dropped according to UK law?
In Brief
Can the CPS drop charges?
What are the degrees of assault in the UK?
Why are assault charges dropped?
Who decides to drop assault charges?
When are assault charges dropped?
Can an assault charge arise after being dropped?
Will a dropped assault charge be recorded in a criminal record?
Do you need help with an assault charge?
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Content: 1. A lack of sufficient evidence
A common reason for dropping assault charges is a lack of sufficient evidence. Every case will be different, but many assault cases are reliant on witnesses and statements to provide a basis for prosecuting the accused individual, whereby on an objective review of the evidence allows a prosecutor to conclude that there is a realistic prospect of a conviction if the evidence in those witness statements is believed. If there is not a realistic prospect of a conviction because the evidence is undermined or because it is discredited, the case may be dropped due to a lack of sufficiently credible evidence. However if there is sufficient evidence available, during trial it is possible that the evidence can be found to be flawed, which may result in the charges being dropped even very late in the day. 2. Withdrawn witness statements
As many assault charges are based on witnesses and statements. If a witness withdraws their statement, this can impact the value of evidence. However, the mere withdrawing of support by a complainant or witness is not the same as that witness or complainant saying that they have lied. If a witness or complainant admits to lying, they are admitting to making a false statement, which in turn can mean that the witness may be arrested and prosecuted for perverting the course of justice – a very serious offence in itself.