At what point can you drop charges.

sanaxe1

sanaxe1

sanaxe1

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Basically a friends family member has been harassing her and threatned to kill her due to a vandetta he has against her. He was arrested and she pressed charges and its going to court. She has just recieved a letter from the court stating the court date. However due to family politics she now wants to drop the charges , can she do this or is it too late?

Thanks.
 
My understanding is that She can drop them any time..although the state (cps) may decide to continue the prosecution anyway if they have enough evidence to convict.
 
Thanks. She's worried that she might get in trouble for wasting police time or have to pay court costs / his solicitor costs if she drops the charges though.
 
If its a criminal act it's not up to her iirc.

If you told me to kill you and wrote a letter to the police telling them to drop the charges and I shot and killed you, would I get away with killing you did to your request? No. How is this any different?

Also what family politics result in not wanting someone who has harassed and then threatened to kill you being forgiven or at least, not punished? Sounds ridiculous.
 
It's a bit troublesome to be honest. She's left it a little late. As said she can drop the charges but as said before, if it's a criminal charge CPS may prosecute. She can go back on her word spoiling their evidence but then she opens herself up to wasting police time.
 
I would have thought you can drop charges before the court date. If people were charged for doing so, people would just waste even more time by leaving the court date and not turning up.

The police and courts can easily fill the slot with a driver not wearing a seatbelt or someone doing 5mph over the limit.
 
I don't think you can drop charges. You can certainly tell the police that you no longer wish to give evidence, but as far as I'm aware if they've got enough evidence without your testimony they'll still proceed.
 
Correct me if I'm wrong, but legally speaking I don't think an individual can either press or drop charges in the UK...? I believe the process is that the police investigate, issue the charge, then pass the case to the CPS who make a decision to prosecute or drop the charges. I don't think the victim has a choice in the matter?

(Practically speaking I guess you could ask the police/CPS not to proceed, or alter your statement, or ask not to give evidence, or something like that, which would result in the charges being dropped, but I didn't think it was up to the individual victim to actually decide...)
 
AJK said:
Correct me if I'm wrong, but legally speaking I don't think an individual can either press or drop charges in the UK...? I believe the process is that the police investigate, issue the charge, then pass the case to the CPS who make a decision to prosecute or drop the charges. I don't think the victim has a choice in the matter?

(Practically speaking I guess you could ask the police/CPS not to proceed, or alter your statement, or ask not to give evidence, or something like that, which would result in the charges being dropped, but I didn't think it was up to the individual victim to actually decide...)
Click to expand...

I believe you're correct. It isn't up to aggrieved individuals to "press charges". Once a potential crime is reported, it falls entirely to the police and (more importantly) the CPS as to how matters will proceed.

You can withdraw your willingness to act as a witness (but not withhold evidence), but they'll move forward however they see fit.
 
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