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How do you go about dropping charges?

6 replies

zephyrcat · 13/11/2008 20:33

Once a statement has been made and signed can you then retract it or do you get in trouble for wasting poilice time? What are the implications of dropping charges for the person dropping them and the person charged?

OP posts:
sarah573 · 13/11/2008 21:42

It depends what its for, and why you want to retract.

Most forces have a policy of persuing a prosecution for domestic violence, for example, even without the victims consent. You would also be unlikely to be able to retract an allegation of a more serious assault, where as a minor theft for example you probably could.

You need to speak to the officer dealing with the case who will be able to advise you. Or if you are able to post more details here I or someone else might be able to help more.

zephyrcat · 14/11/2008 12:23

Hi sorry I didn't have all the details last night - I was chatting to the girl involved on msn and she had to go. Her Husband is ex army and they had a row which led to him hitting her. She called the police and he has been charged with common assault now. Having had time to think it over she is thinking of retracting. I tried to talk her into going through with it but then it's always easy from the outside.

OP posts:
DoubleBluff · 14/11/2008 12:26

She will need to contact the officer in the case who will advise CPS.
CPS may or may not agree to her making a retraction statement.
Even if she does make a statement the court can still witness summons her to Court.
It is unlikely that she will be dealt wwith for wasting Police time unless she has made teh whole thing up.

zephyrcat · 14/11/2008 19:10

Thanks. She has today contacted the officer to let him know she wants to revoke the statement but no one called back and he went to court and was remanded until 20th. Now she's in a panic and I don't know what to advise.

OP posts:
DoubleBluff · 15/11/2008 10:23

Unfortunately the wheels of justice turn very slowly.
Was he remanded in custody?
It must have been avery serious assaultor he has previous for it?

HRHSaintMamazon · 15/11/2008 10:28

she needs to make another statement saying that she retracts her previous statement.
will only be a couple of lines long and will only take a minute.

Thankfully due to new guidelines about spousal abuse the CPS don't necessarily need her statement in order to proceed with the charge.

sadly they probably wont.

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