Understanding the complexities of the UK legal system can be incredibly difficult, especially amidst the high emotions of legal proceedings. It can be especially taxing to understand what happens when a case is dismissed. What factors result in a dismissal? What does it mean for those involved? Read on to find out more about how and why cases are dismissed.
What may be grounds for case dismissal or discontinuance?
Criminal cases can be dismissed for a variety of reasons, some grounds for dismissal include:
- Insufficient evidence: There is not enough evidence to support the charge against you
- Lack of jurisdiction: The court does not have the authority to hear your case
- Procedural errors: There have been mistakes made throughout the legal process, such as incorrect filing, storage or presentation of documents
- Statute of limitations: The case against you is not filed within the time limits laid out by law
- Settlement or agreement: The parties involved reach an agreement without the assistance of the court
Though not exhaustive, these examples are often seen in case dismissals.
What happens when a case is dismissed in the court in the UK?
Cases are dismissed by a judge, either on their own motion or on the application or motion of the prosecution or defendant. When a case is dismissed in court it can have consequences for both parties. From a defendant’s perspective, a dismissal typically means the end of the immediate legal challenge. If your legal team has put forward an Application for dismissal, this will often be at a hearing. Prior to the hearing you’ll receive a Notice of the date which will outline when the hearing is, it may state how long it will last. It’s important to remember that depending on how the case is dismissed, dismissal doesn’t automatically equate to being found not guilty or absolved of responsibility, and as such the case could be brought back under different circumstances.
Can a dismissed case be reopened?
It is possible that a discontinued case could be reopened in some certain cases, with options to refile the case and address contended reasons for the discontinuance..
In the UK, the Magistrates Court Act handles situations when a case could potentially be reopened. Cases are typically reopened as a result of incorrect proceedings during the trial or the absence of the accused when the magistrate hand-down the sentence.
If you’re feeling unsure or worried about navigating the complexities of the legal system, Lawtons are here to help. Get in touch with a member of our team to make a confidential enquiry.