Can Criminal Charges Be Dropped Before Trial?

Being charged with a criminal offence does not automatically mean that your case will reach trial. In many cases, the real work begins after the first court hearing, after a not guilty plea has been entered, and after the court has listed the matter for trial.

At that stage, many defendants assume that the case is now simply “on track” for trial and that nothing can be done other than wait. That is rarely the best approach.

If you have pleaded not guilty, the Crown Prosecution Service must continue to review whether there remains a realistic prospect of conviction and whether the prosecution remains in the public interest. Where the evidence is weak, unreliable, incomplete or undermined by defence material, it may be possible for the case to be dropped before the trial takes place.

At Kang & Co Solicitors, we regularly represent professionals, business owners and individuals of good character who have entered not guilty pleas and are facing the serious prospect of a criminal trial. In the right case, proactive defence work can place proper pressure on the CPS and result in the prosecution being discontinued before the defendant ever has to give evidence at trial.

Can the CPS Drop a Criminal Case Before Trial?

Yes. Criminal charges can be dropped before trial.

This may happen for several reasons. The prosecution may review the evidence and decide that there is no longer a realistic prospect of conviction. A key witness may refuse to attend court. New material may undermine the complainant’s credibility. Expert evidence may call an essential element of the offence into question. Disclosure problems may reveal gaps in the prosecution case. In some cases, carefully prepared defence representations can expose weaknesses that were not properly considered at the charging stage.

The important point is this: a prosecution is not frozen in time once a not guilty plea has been entered. The CPS has an ongoing duty to review the case. If the evidential basis for the prosecution falls away, or if the public interest no longer supports continuing, the prosecution should not simply carry on regardless.

However, that does not mean the CPS will automatically identify the weaknesses themselves. A strong defence team should not wait passively for the prosecution to change its mind. Where there are weaknesses, those weaknesses need to be identified, evidenced and placed before the CPS in a structured and persuasive way.

What Is a Notice of Discontinuance?

A Notice of Discontinuance is a formal notice served by the prosecution confirming that it is discontinuing the prosecution in respect of one or more charges.

In practical terms, it means the CPS has decided not to continue with the case. If the entire case is discontinued, the defendant does not have to attend trial, the criminal proceedings come to an end, and the person avoids the risk of conviction in that prosecution.

In the Magistrates’ Court, discontinuance is governed by section 23 of the Prosecution of Offences Act 1985. In Crown Court cases, there is also a power of discontinuance under section 23A of the Prosecution of Offences Act 1985, although the availability of that procedure depends on the stage the Crown Court case has reached. In some Crown Court cases, where discontinuance is no longer the correct route, the CPS may instead offer no evidence, resulting in not guilty verdicts being entered.

The precise procedure matters, but for most defendants the practical question is the same: can the prosecution be brought to an end before trial? In suitable cases, the answer is yes.

When Might the CPS Issue a Notice of Discontinuance?

A Notice of Discontinuance may be issued where the CPS concludes that the case should no longer proceed. This will often be because the evidential stage of the Full Code Test is no longer met.

For example, the CPS may discontinue a case where:

The complainant’s evidence contains serious inconsistencies.

Important disclosure has weakened the prosecution case.

Defence evidence has undermined an essential element of the offence.

The prosecution cannot prove intent, dishonesty, lack of consent, identity or another key issue.

A witness is unreliable, unavailable or unwilling to attend court.

The case has been charged without proper appreciation of the wider context.

Expert evidence has changed the evidential landscape.

The prosecution accepts that there is no longer a realistic prospect of conviction.

In my experience, discontinuance is rarely achieved by simply hoping for the best. It is usually achieved by detailed preparation, careful analysis and sustained pressure. A defence solicitor must know the evidence, understand the law, and be prepared to challenge the prosecution where the case does not stand up to scrutiny.

Why Proactive Defence Work Matters After a Not Guilty Plea

Once a not guilty plea has been entered, the court will set directions. These may include dates for service of prosecution evidence, defence statements, disclosure requests, witness requirements and trial preparation.

This is a critical period. It should not be wasted.

A proactive criminal defence solicitor should be considering whether the prosecution case can properly be challenged before trial. That may involve obtaining unused material, serving a Defence Case Statement, taking detailed witness statements, gathering character evidence, instructing experts, analysing CCTV or digital evidence, and making written representations to the CPS.

The purpose is not to “ask nicely” for the case to be dropped. The purpose is to demonstrate, with evidence and legal analysis, why the prosecution cannot safely continue.

In some cases, a carefully prepared Defence Case Statement can be an important tactical tool. It can set out the defence position, identify exactly where issue is taken with the prosecution case, and trigger further disclosure obligations. Where the CPS has failed to deal with obvious weaknesses, a robust Defence Case Statement can force the prosecution to confront problems it may otherwise have ignored.

This is why the quality of representation matters. There is a significant difference between a case that is merely listed for trial and a case that has been actively prepared, pressure-tested and challenged.

Kang & Co Case Studies Where the CPS Discontinued Before Trial

At Kang & Co Solicitors, we have acted in a number of criminal cases where clients had already been charged, had entered not guilty pleas, and were facing the anxiety and risk of trial, only for the CPS to discontinue the prosecution before trial.

In our case study, Harassment Charge Discontinued Before Trial Following Robust Defence Strategy, we represented a retired professional charged with harassment. The case was listed for trial at Kidderminster Magistrates’ Court. We served a detailed Defence Case Statement, challenged disclosure failures and pressed the CPS to justify the weaknesses in its case. Shortly before trial, the CPS served a formal Notice of Discontinuance under section 23 of the Prosecution of Offences Act 1985. The client avoided trial, conviction and the reputational damage that would have followed.

In Teacher Avoids Conviction After CPS Discontinues Common Assault Case, our client was a teacher facing a common assault charge. A conviction could have had serious professional consequences. Through careful evidence analysis, character evidence and continued pressure on the CPS, the prosecution reviewed the case and accepted there was no longer a realistic prospect of conviction. A Notice of Discontinuance was served several months before the trial.

In Psychotherapist Avoids Theft Conviction After CPS Discontinues Case, the prosecution case appeared strong on the surface because CCTV and recovered items were relied upon. However, the real issue was whether the CPS could prove dishonesty and intent. We obtained psychiatric evidence, prepared legal submissions and engaged directly with the CPS. After reviewing the expert evidence and defence representations, the CPS issued a Notice of Discontinuance. There was no trial, no conviction and no criminal record.

Another example is Business Owner Cleared of Controlling and Coercive Behaviour Allegations. Our client faced controlling and coercive behaviour and assault allegations, with a trial date already listed. We obtained defence witness evidence, prepared a detailed Defence Case Statement and made clear that the complainant’s credibility would be robustly challenged. Several weeks before trial, the CPS served a Notice of Discontinuance and all charges were formally withdrawn.

These cases are different factually, but the theme is consistent. The prosecution case was not allowed to drift towards trial unchallenged. We identified the weaknesses, developed the defence, applied pressure and forced the CPS to review whether the case could properly continue.

Is a Notice of Discontinuance the Same as Being Found Not Guilty?

No. A Notice of Discontinuance is not the same as being found not guilty after a trial.

If a person is found not guilty after trial, they have been acquitted by the court. A Notice of Discontinuance means the prosecution has chosen to stop the case before trial. In most practical terms, that is still a highly positive outcome: the defendant avoids trial, avoids conviction, and can move forward without the immediate risk of being found guilty in those proceedings.

There are technical legal differences, including the possibility in some circumstances of proceedings being revived or fresh proceedings being brought. That is why it is important to obtain advice on the specific meaning and consequences of discontinuance in your case.

For most clients, however, receiving a Notice of Discontinuance after months of anxiety is an enormous relief. It means the case has been stopped before trial and the risk of conviction in that prosecution has been removed.

Should I Just Wait for Trial?

In most cases, no.

If you have pleaded not guilty and your case is progressing towards trial, waiting passively is rarely the best strategy. The earlier a specialist defence solicitor can review the evidence, identify weaknesses and build the defence, the better the prospects of achieving the best possible outcome.

Sometimes, the correct strategy is to prepare fully for trial and fight the case before the court. In other cases, the correct strategy is to expose the weaknesses so clearly that the prosecution is forced to reconsider whether the case should proceed at all.

The key is judgment. Not every case will be discontinued. No solicitor can guarantee that the CPS will drop a charge. However, a defendant who is properly represented, whose case has been carefully prepared, and whose defence has been clearly advanced is in a far stronger position than someone who simply attends court and waits for the trial date.

How Kang & Co Solicitors Can Help

At Kang & Co Solicitors, we are privately funded criminal defence solicitors representing clients across England and Wales. We regularly act for professionals, business owners, directors and individuals of good character who are facing criminal charges for the first time in their lives.

If your case is already at court, you have entered a not guilty plea and you are waiting for trial, it is not too late to take control of the situation. We can review the prosecution evidence, advise you on the strength of the case, prepare your defence, engage with the CPS where appropriate and apply pressure where the prosecution case is weak.

A case being listed for trial does not mean a conviction is inevitable. With the right strategy, meticulous preparation and proactive legal representation, it may be possible to persuade the CPS to discontinue the case before trial.

If you are facing criminal charges and want specialist advice on whether your case can be challenged before trial, contact Kang & Co Solicitors for a confidential initial assessment.

Disclaimer: This blog is intended for general information purposes only and does not constitute legal advice. If you require legal assistance, please contact a qualified solicitor

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