What is the best time to ask the CPS to drop the case?

Is it too late to ask the Crown Prosecution Service to drop the case?

If you’ve read my previous posts of how to get the CPS to drop the case against you, you’ll know that the Crown has a duty to review the evidence against you before deciding whether the case should go to court.

The CPS duty to review evidence is a continuing duty. That means the CPS should be assessing prosecution evidence in light of the Code for Crown Prosecutors – and if new issues with their evidence come to light, they should look again at whether they’ve really got enough to go ahead.

By burying your head in the sand, you could be missing a great opportunity

While the CPS’s duty to review is continuing, you could be missing out on a better chance for your representations to be heard. Here’s why:

By the time your case comes to court for the first time, it has already been reviewed. The prosecutor and the court is under pressure – and they will want you to say you are guilty or not guilty.

If, in many cases, it is unlikely that the CPS will agree to adjourn a case for another review, what can you do?

Make it easy for the prosecutor to hear what you have to say. Help the prosecutor by making written representations about why they should drop the case before your first court date.

How do you make sure that your written representations are made before your first court date?

As soon as you receive the Postal Requisition (aka the court papers) contact a qualified criminal law barrister immediately. That way, you can give yourself the gift of knowing that you are making the most of your case and that your representations are really heard.

My simple tip

Get legal advice from a qualified direct access barrister as soon as you receive your court papers and court date in the post.