Any police officers or people that work in legal system (UK)?

[sabrina1234]

If you make a domestic abuse report to the police (about physical abuse that happened a few years ago), and you don't want them to pursue it anymore as you feel it would do more harm than good.... Can you tell the police that you don't want them to carry on with it anymore.

This has really been stressing me out and I don't have a clear answer from anyone. I've been avoiding the calls from my link worker regarding this situation as I just don't want to deal with it anymore and just drop it. Will it still continue?

I’m not in a role that can help but from my understanding, you cannot decide wether the police Persue a case or not……they do. Or rather the prosecution service do, once evidence is submitted.

It’s my understanding that you can refuse to give evidence.

Happy for an expert to put me right on either count.

What I’d be thinking about is you. Why do you want to report? Why don’t you want to report? Can we help?

I’m sorry you’re having this to deal with.

You can tell them you don’t want to pursue it, but if you’ve made a report the police are legally required to investigate. How far they can do that without your involvement depends on what you reported and any corroborating evidence. They will want to take an updated statement from you to ensure you’re not being coerced into withdrawing your cooperation.

From the CPS website - this may be useful for you:

Complainants proceeding with additional support/assistance
This section should be read to apply to complaints of intimate partner abuse and also familial abuse, unless otherwise stated.

Prosecutors should ask the police to consider exploring whether the complainant might change their position and be willing to proceed if special measures or other forms of support could be provided (for example, being screened from their abuser, giving evidence via remote video live link, or with a support representative being present whilst they give evidence). This will assist some way in helping the complainant not having to face the offender(s) in court.

Police and prosecutors should work closely to explore the special measures and support available and identify whether they would help the complainant to feel safe and confident when attending court.

Special measures should be explained to ensure complainants are fully informed of the options available if their reason for considering withdrawing support of retracting their allegation is due to a fear of giving evidence against their abuser(s).

A prosecutor with significant experience of domestic abuse issues should be consulted in any case where the complainant indicates a wish to withdraw support for the prosecution, before taking a final decision on how to proceed with the case.

Possibility of proceeding with a prosecution without the complainant's live evidence
The prosecution strategy should, from the outset, contemplate the possibility of proceeding without the complainant's support. Prosecutors should rarely need to apply to the court for further time to investigate this possibility. Prosecutors should always consider whether there is any risk to the safety of the complainant in the case proceeding without their support; a complainant should not be placed at increased risk through this course of action. Prosecutors should consider the following in the order outlined:

using evidence other than that of the complainant - prosecutors should assess as soon as possible whether there is other sufficient evidence (for example, admissions in interview, CCTV, 999 Tapes etc) to proceed. Where there is evidential sufficiency and a realistic prospect of conviction, prosecutors should consider whether a prosecution is required in the public interest in the usual manner (prosecutors should refer to the section on Preparing and Managing a Case, and the Joint Evidence Checklist for further guidance);
res gestae - statements made by the complainant or a witness to a third party, or around the time that the offence was allegedly committed, that are so directly linked to the events occurring at the same time, so as to make it unlikely that they were distorted or concocted may be admissible other than as hearsay;
making an application under section 116(2)(e) of the Criminal Justice Act 2003 - consideration should be given to applying to admit a complainant's statement as hearsay under section 116(e) of the Criminal Justice Act 2003, if there is evidence that the victim is in fear; or,
making an application under section 114(1)(d) of the Criminal Justice Act 2003 - where there is other evidence consideration should be given to applying to introduce hearsay if it would be in the interests of justice to do so (detailed guidance on this topic can be found in the legal guidance chapter on Hearsay). For example, any third party witness statements from neighbours, support representatives assisting the complainant etc.
Issuing of witness summons and compelling the complainant to give evidence
This is a last resort for complainants who disengage from a prosecution and should only be considered when the avenues above have been exhausted. Full consideration should be given to the specific facts of the case and impact on the complainant's safety and wellbeing. Further advice on the steps prosecutors should consider if taking this approach can be found in the text below and also in the summary table later in the document.

The police and any support organisations involved should be asked for their views on how they perceive the complainant will react if called to give evidence at a court hearing against their wishes, where a prosecution goes ahead without their support. The police should identify and verify whether further risk assessments are needed or have been recently carried out, as well as seeking the latest position regarding any civil and/or family proceedings that are, or may be concurrently taking place.

Discontinuing the case
It is possible that after considering a complainant's reasons for retracting their allegation or withdrawal of support, a prosecutor may discontinue the case as the complainant's input was the only evidence available, and a summons would not be appropriate. Prosecutors should ensure they have consulted with a senior prosecutor experienced in domestic abuse cases before the final decision to discontinue the case is made.

You can tell them you don’t want to carry on. But obviously, this happens a lot, often because women are going back to their abusers. A victimless prosecution can be pursued if it is considered in the best interest of the victim and if there is enough evidence. I’ve certainly stood in court and explained how a woman tearfully told me how she’d just been dragged by her hair down the street, and then listened as that woman took the stand and said I was a liar and she never said it. (He was convicted)

So, if you tell them you don’t want to pursue it, they will make an assessment of the situation. If the relationship is definitely over, if you are able to safeguard yourself and any children, and if you give a clear rationale as to why you want to stop it, they are more likely to take no further action (bear in mind I have no idea what your situation is so I can’t advise specifically).

If he has not yet been arrested/questioned, they may do this anyway. A lot depends on local policies.

I'm a retired police officer from The Met.
If you have made a historic allegation but you now wish to withdraw the complaint, you can do this. All that will happen is the report will stay in file. If, next year you change your mind, it can be made into a live investigation.
The only time CPS & Police proceed without the victim is when the crime is so henious & the suspect could well do this again & that it's in the public's interest to proceed...
Hope this helps xx

You can report it.

The police will speak to you with the intention of trying to get a prosecution.

If you say no they will probably leave it at that.

They will risk assess the situation, look at any information they already have and see if there are potentially any risks to anyone else.

Depends on the history but if the person accused already has a 'history' then what you have alleged may or may not be added to that so that any future partners can disclosed to if the risk is deemed enough to do so.

Duchess, that certainly isn’t the case in all forces.

Hello. I have some direct and current knowledge. Has the case been charged and is going through the legal system?

If so you can tell the police you no longer support a prosecution. They will ask you to complete a retraction statement (assuming you made an original complaint to them). This will set out the basis for your decision and will cover whether you have been pressured.

If the case is already charged the police will share the retraction statement with the prosecutor who will review the case in the light of your lack of support. They will usually ask for an up to date risk assessment (eg are you still in a relationship, are there children, is he a high risk offender?). If it's a more serious case the prosecutor will consider if they can run the case without you by relying on, for example, the 999 call or any body worn video footage. If they can only prove the case with your evidence then they may consider whether to summons you to court but in reality actually forcing a complainant doesn't happen often. The last thing CPS and police want to do is to force a vulnerable woman to court.

If it's not yet charged then if the offences are old and amount to 'summary only' (can only be heard in the magistrates court) then they may be out of time. If more serious offences (can be heard in either the mags or crown court) then the prosecutor will take account of your lack of support in deciding whether there is sufficient evidence. They will go through the same considerations as I have already set out.

Do you have any IDVA or witness case support?