Can the victim drop the charges?
No. In England and Wales the CPS, not the complainant, decides whether a prosecution continues. If a victim withdraws support the CPS reviews the case, and may still go ahead with a witness summons or other evidence such as 999 calls and body-worn video.
Who decides
In England and Wales a complainant does not "press" or "drop" charges. Before charge the police or the CPS decide; after charge only the CPS can end a prosecution. The victim's views matter, but the CPS acts for the public, not for the victim (Code for Crown Prosecutors para 4.14(c)).
The Code test
Every prosecution must pass the Full Code Test (Code, 8th edition; a 9th was under consultation in late 2026):
- Evidential stage: is there a realistic prospect of conviction?
- Public interest stage: is a prosecution needed in the public interest?
If a complainant withdraws, the CPS reviews the case against both stages again.
Withdrawal statements
The police usually take a withdrawal (retraction) statement explaining why. Not wanting to go ahead is different from saying the allegation was untrue. The police should report any pressure or fear, which may lead to further charges such as witness intimidation, or to action for breach of bail.
Can a victim be made to attend?
Yes. The CPS can obtain a witness summons (Magistrates' Courts Act 1980 s.97; Criminal Procedure (Attendance of Witnesses) Act 1965 s.2). Ignoring one can lead to arrest and punishment for contempt. CPS guidance weighs factors such as seriousness, injuries and risk.
Evidence-led prosecutions
A case can sometimes continue without the complainant, using 999 calls, body-worn video, injury photos, CCTV, other witnesses and the interview. Hearsay rules may allow the complainant's own words to be used:
- res gestae (words spoken while emotionally overpowered by events), preserved by Criminal Justice Act 2003 s.118, as with the 999 calls in Barnaby v DPP [2015] EWHC 232 (Admin);
- s.116(2)(e), where the witness will not testify through fear;
- s.114(1)(d), where it is in the interests of justice.
The defence can oppose these applications.
Domestic abuse
Withdrawal is common in domestic abuse cases, and CPS guidance says a prosecution can still proceed. Bail conditions, such as no contact, stay in force until a court changes them, even if the complainant wants contact.
How a case ends
If the evidence no longer meets the test, the CPS will discontinue (Prosecution of Offences Act 1985 s.23) or offer no evidence, which leads to a not guilty verdict. Discontinuance does not by itself prevent a fresh prosecution (s.23(9)).
Victims' Right to Review
A victim can ask the CPS to review a decision to stop a case, ideally within 10 working days. The scheme does not apply where the case ended because the victim withdrew support.
Authorities: Code for Crown Prosecutors (8th edition, 2018) paras 4.2, 4.6, 4.9, 4.14(c); CPS legal guidance, Domestic Abuse; CPS Victims' Right to Review Scheme; Magistrates' Courts Act 1980 s.97; Criminal Procedure (Attendance of Witnesses) Act 1965 s.2; Criminal Justice Act 2003 ss.114(1)(d), 116(2)(e), 118; Barnaby v DPP [2015] EWHC 232 (Admin); Prosecution of Offences Act 1985 s.23