The decision to press charges in criminal cases often raises questions about victims’ rights and police powers. While victims’ wishes are important, the UK legal system places the final decision-making authority with the Crown Prosecution Service (CPS) and police, acting in the public interest to maintain justice and community safety. But what does this mean for you if you have been charged?
Can the police press charges if the victim doesn’t want to?
In short, yes, the police can still move forward with an investigation even if the victim does not want to press charges. In fact, they do not need the consent of anyone who may have been the victim of an alleged crime. The opinion of a victim is not stated as being a factor taken into consideration when the police decide whether to arrest a suspect. Officers will instead look to charge someone if the evidence collected amounts to a reasonable suspicion to believe that someone has committed a crime.
This approach recognises that crime affects not just individuals but society as a whole. The decision to prosecute ultimately rests with the criminal justice system rather than the victim, though their views are carefully considered and can have an influence, albeit not determinative. This policy is particularly important in cases involving domestic violence, where it can be perceived that victims may feel pressured to withdraw complaints.
What factors influence the police decision to press charges?
The decision to proceed with charges involves careful consideration of multiple factors, with public safety and justice at the forefront of the evaluation process. These include:
Severity of the alleged crime
More serious offences are more likely to result in prosecution regardless of victim consent. This includes crimes like domestic violence, sexual assault, or serious physical attacks. The police must consider the potential risk to other members of society and whether failing to prosecute might encourage further criminal behaviour.
Public interest considerations
The CPS and police evaluate whether prosecution serves the public interest. This includes assessing if similar crimes are prevalent in the area, whether the suspect poses an ongoing risk to others or has been accused of a similar offence previosuly, and whether prosecution would deter future offences. They also consider whether prosecution might have negative consequences for particularly vulnerable victims.
Availability of independent evidence
Strong evidence from sources other than the victim strengthens the case for prosecution. This might include CCTV footage, forensic evidence, independent witness statements, or digital evidence. Such evidence can support prosecution even without victim testimony, particularly in serious cases.
Victim’s willingness to cooperate as a witness
While not decisive, victim cooperation significantly impacts case strength. The CPS considers whether a successful prosecution is likely without victim testimony. They also evaluate whether alternative evidence could compensate for a lack of victim cooperation, such as police body-worn footage, original emergency services calls, and whether special measures could support any reluctant witnesses.
What evidence can the police use to press charges without consent?
According to Section 24 of the Police and Criminal Evidence Act 1984 (PACE), police can proceed with an initia;l investigation when they have reasonable grounds to suspect an offence and believe arrest is necessary. Even without victim testimony, they can use various types of evidence including:
- The victim’s initial signed statement or video statement in certain circumstances
- Police body-worn camera footage
- CCTV recordings
- Emergency 999 call recordings
- Suspect admissions
- Eye witness statements
- Forensic evidence
This approach is particularly important in domestic violence cases, where victims may sometimes withdraw statements due to a fear of reprisals, family protection concerns, or financial worries. Recently, the police and CPS have adapted their procedures to build stronger cases using multiple evidence sources rather than relying solely on victim testimony.
Can the police drop the charges?
Yes, the police or CPS can drop charges at any stage if they determine prosecution is no longer in the public interest or if new evidence emerges affecting case viability whereby it is considered that there is no longer a realistic prospect of a conviction.. This decision considers various factors, including evidence strength, public interest, and resource allocation. However, once charges are filed, the decision to discontinue typically rests with the CPS rather than the police.
What can you do if charges are pressed without the victim’s cooperation?
While you cannot directly stop a prosecution, seeking expert legal representation is absolutely essential to protect your rights and interests. At Lawtons, our criminal defence team has a combined experience of well over 20 years of handling cases where charges proceed without victim cooperation. We understand the complexities and sensitivities involved in these situations.
Our dedicated solicitors will carefully review the evidence, identify procedural errors, and craft a defence strategy tailored to your circumstances. We will advocate on your behalf with the police and CPS, addressing your concerns and ensuring fair treatment. With Lawtons, you’ll have knowledgeable, supportive legal professionals by your side every step of the way.
While victim wishes are considered, they’re not the determining factor in pressing charges. The UK criminal justice system must balance individual preferences with public safety and justice, often proceeding with cases where evidence supports prosecution. That said, if you find yourself in this position, please do not hesitate to get in touch with a member of our team and let us help you.
