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Common assault
if a person was charged for 3 charges of common assault and the victim decided to drop the case a day before the appointment for the defendent goes to the police to get an appointment for a trial will the CPS still decide to go ahead with the case, even against the victims permission.
Can do. Its then out of the police hands. The CPS will generally decide to see if the crime is still liable for court (which, when they have the case and have forwarded it, they do).
Common assault going to court is also unlikely. Not being big headed - but I got charged with Common Assault for hitting a bus driver around the head. Police advised it was a pointless case, and then dropped it. All charges dropped
But when CPS has it - out of your hands, but Police can still mucj up the case by not attending court, which they probably will.
Common assault going to court is also unlikely. Not being big headed - but I got charged with Common Assault for hitting a bus driver around the head. Police advised it was a pointless case, and then dropped it. All charges dropped
But when CPS has it - out of your hands, but Police can still mucj up the case by not attending court, which they probably will.
Surely it's not up to the victim, since it's technically an offence against the state? Something like that. At least, it's the state who brings the prosecution, not the victim, so I doubt the victim could prevent it.
Otherwise, people couldn't be prosecuted for offences involving the victim's consent.
Otherwise, people couldn't be prosecuted for offences involving the victim's consent.
Onearmedbandit
Surely it's not up to the victim, since it's technically an offence against the state? Something like that. At least, it's the state who brings the prosecution, not the victim, so I doubt the victim could prevent it.
Otherwise, people couldn't be prosecuted for offences involving the victim's consent.
Otherwise, people couldn't be prosecuted for offences involving the victim's consent.
Echoing the point made by onearmedbandit, criminal offences are indeed prosecuted by the State, not by the victim.
At its heart, whether or not the CPS decide to proceed with the case will depend upon whether they feel that it is in the public interest to do so. Whether or not there is any public interest in prosecuting will depend upon a variety of factors, including the gravity of the offence, the past record of the accused, and yes, the wishes of the victim. Also the CPS will take into account whether there is any real prospect of a conviction if the case gets to court. If there still is, notwithstanding the withdrawal of co-operation by the victim (e.g. because of independent witness statements), then there is every possibility that the CPS will decide to prosecute.
I hope that helps!
At its heart, whether or not the CPS decide to proceed with the case will depend upon whether they feel that it is in the public interest to do so. Whether or not there is any public interest in prosecuting will depend upon a variety of factors, including the gravity of the offence, the past record of the accused, and yes, the wishes of the victim. Also the CPS will take into account whether there is any real prospect of a conviction if the case gets to court. If there still is, notwithstanding the withdrawal of co-operation by the victim (e.g. because of independent witness statements), then there is every possibility that the CPS will decide to prosecute.
I hope that helps!
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