Signs Your Case Will Be Dismissed in Shepherd’s Bush: A Guide by Gilbert & Co Legal Services
Facing a criminal investigation in the UK can be an overwhelming experience. For residents in Shepherd’s Bush and beyond, knowing the signs that your case might be dismissed can provide significant relief. At Gilbert & Co Legal Services, we specialise in criminal defence and are here to help you understand your rights and options.
This article explains the key indicators that your case may not proceed, outlines the dismissal process, and offers insights into what happens next. However, please note this is general information and not legal advice. For personalised support, contact our experienced team.
Can a Case Be Dismissed Before Trial?
Yes, a court case can be dismissed before trial, either by the police or the Crown Prosecution Service (CPS). This can happen under the following circumstances:
Police Decision: The police may decide to drop charges without forwarding them to the CPS. This usually depends on the strength of evidence they have against you. Matters are usually dropped in domestic matters where the complainant does not wish to continue with prosecution.
CPS Discontinuance: The CPS may discontinue proceedings under Sections 23 and 23A of the Prosecution of Offences Act 1985, avoiding the need for a court hearing.
While discontinuance may save you from attending court, it’s important to note that it does not lead to an acquittal. This means the case could be reopened at a later date if new evidence emerges.
Common Grounds for Dismissal
Several factors can lead to a case being dismissed, including:
Lack of evidence. If officers do not obtain enough evidence to submit to the Crown Prosecution Service, there is a strong chance your matter will be dropped.
The offence is minor or a first offence. Summary Offences such as common assault are often dropped when there are no witnesses, and it is “your word against theirs”. Your chances of getting the matter dropped increases if you are of good character and have never been charged of an offence before.
Evidence was illegally obtained or inadmissible.
Irregularities in police or CPS procedures.
The case is not in the public interest. The Crown Prosecution will apply the Public Interest test to see if it likely that you will be prosecuted and found guilty of the offence in question. Essentially it is whether your case is in the interest of the public to proceed.
Insufficient time to allocate for a trial.
What Happens After a Case Is Dismissed?
The next steps depend on how your case was dismissed:
Discontinuance: The case may be reopened if the same evidence is later deemed sufficient.
Acquittal: The case is unlikely to be reopened. However, it’s essential to consult with a criminal defence Lawyer at Gilbert and Co Legal Services to understand the full implications.
Will a Dismissed Case Appear on My Record?
If you were arrested but not charged, this might not appear on a basic or standard DBS check. However, it could show up on an enhanced DBS check if considered relevant.
Can You Request a Case Dismissal?
Yes, you can formally request case dismissal through your criminal defence solicitor. Compelling reasons and evidence will need to be provided to support your request.
Support from Gilbert & Co Legal Services
Having a strong defence team is crucial to securing a dismissal or achieving the best possible outcome. At Gilbert & Co Legal Services, our Lawyers have over 16 years of combined experience handling a wide range of criminal cases, including those in Shepherd’s Bush. We are experts in analysing evidence, identifying flaws in prosecution cases, and building robust defence strategies.
Related Matters
We provide guidance on various criminal law topics, such as:
Police investigation procedures.
Form Filing
Guidance on getting charges dropped by the police or CPS.
Fees and Funding
We offer free legal advice on the weekends and work privately on police station representation. We do not work with Legal Aid matters due to us finding it better to work on cases for long periods of time.
Contact Gilbert & Co Legal Services Today
If you are facing criminal charges in Shepherd’s Bush or need urgent legal advice, contact us immediately. Our team is available to provide specialist representation and support.
