When Can a Burglary Charge Be Dropped Before Court?

Being accused of burglary - unlawfully entering premises with intent to steal, inflict grievous bodily harm or commit criminal damage - is a serious matter. Criminal proceedings can be life‑changing, involving court appearances, potential custody, and long‑term consequences. However, not all burglary charges result in a trial. In some cases, a charge may be dropped before the case ever reaches court. Understanding when and why this can happen, how the legal process operates, and what the practical implications are can help defendants, victims and others navigate the criminal justice system with more confidence.

This guide explains the legal and procedural framework under which burglary charges may be discontinued before court in England and Wales, using up‑to‑date guidance from authoritative sources. It also addresses common questions and clarifies key rights and protections in the process.

Who Can Drop a Burglary Charge Before Court?

A burglary charge can be dropped at several stages before trial:

• During police investigation (pre‑charge): The police may decide not to proceed with charges if evidence is weak or incomplete.
• After charge but before trial: The Crown Prosecution Service (CPS) may discontinue proceedings if ongoing review shows the case no longer meets legal standards.
• At the court stage before evidence is heard: The CPS may offer no evidence or withdraw charges, effectively ending the prosecution. 

These decisions are taken by the prosecution - not directly by a complainant - and are governed by statutory powers and prosecutorial guidance.

1. Pre‑Charge Decisions by Police and CPS

Police Decide on No Further Action (NFA)

Before any charge is authorised, the police may conclude that the investigation does not generate sufficient evidence to support a prosecution. This outcome is often recorded as No Further Action (NFA). 

This can occur when:

• key evidence, such as witness statements or forensic results, is weak, inconsistent or unavailable;
• investigators cannot reliably establish the elements of burglary (e.g., intent, unlawful entry);
• enquiries reveal the allegation may not be accurate.

In such cases, the suspect is not charged and no court process begins.

Early CPS Review Before Charge

In some investigations, particularly for serious offences like burglary, the police file may be submitted to the CPS for charging advice before formal charges are laid. The CPS applies the Full Code Test - assessing whether there is a realistic prospect of conviction and whether prosecution is in the public interest. If the Full Code Test is not met, CPS may advise that no charge be authorised. 

2. Discontinuance After Charge but Before Trial

Once the suspect is formally charged, the CPS may still discontinue the prosecution at any time before trial starts or before evidence is presented. This ability is grounded in statutory provisions and prosecutorial practice.

A. CPS Discontinuance Under Statute

Under sections 23 and 23A of the Prosecution of Offences Act 1985, the CPS has statutory power to discontinue proceedings without needing the court's permission. This is the normal route for ending a prosecution before trial. 

A discontinuance may be appropriate where:

• new information undermines the strength of the evidence;
• key evidence expected does not materialise;
• ongoing review shows the case no longer meets the Full Code Test criteria. 

A notice of discontinuance is served on the court and the defendant. The prosecution must notify victims and relevant witnesses about the decision and, in some cases, explain their right to seek review under the Victims' Right to Review (VRR) scheme. 

B. Offering No Evidence

In the magistrates' court or Crown Court, the CPS may decide to offer no evidence. This means the prosecutor simply calls no further evidence and invites the court to acquit the defendant because the prosecution cannot satisfy the burden of proof. 

This commonly happens when, for example:

• a key witness fails to attend court;
• forensic results are unavailable or unreliable;
• further investigation weakens rather than strengthens the case.

Offering no evidence is often regarded as bringing the prosecution to an end and typically results in a dismissal or acquittal. It can be used up until the prosecution starts its case in court. 

3. Police and CPS Ongoing Review

The CPS continually reviews cases from charge through to trial. If at any stage its assessment changes - for example, because of new evidence, changed witness reliability, or fresh forensic material - the CPS may decide to discontinue proceedings even close to the court date but before trial begins. 

This ongoing review process ensures charges proceed only where justified by evidence and public interest. That ongoing review can result in charges being dropped or the case being modified (e.g., reduced to a lesser offence) before formal trial.

Key Reasons a Burglary Charge May Be Dropped Before Court

1. Insufficient Evidence

The CPS or police may determine that the evidence is not strong enough to secure a conviction. This is often articulated in terms of the prosecution not meeting the evidential stage of the Full Code Test. 

Examples include:

• lack of credible witness testimony;
• failure to prove essential elements like intent or unlawful entry;
• contradictory evidence undermining the prosecution's narrative.

2. Public Interest Considerations

Even where evidence exists, the CPS may decide that prosecuting is not in the public interest. This could arise where the harm is minimal, the impact on the victim is limited, or prosecution would be disproportionate. 

3. Procedural or Legal Issues

Legal and procedural problems such as improper evidence handling, disclosure failures, or breaches of defendants' rights may undermine the case sufficiently to justify discontinuance. 

4. Changes in Circumstances

If, for example, a key witness withdraws their cooperation or is unavailable for trial, the prosecution may no longer be viable. 

4. Victims' Rights and the Right to Review

When the CPS discontinues or drops charges, under the Victims' Right to Review (VRR) scheme, victims may be entitled to request a review of the decision. This applies when:

• the police decide to take no further action;
• CPS discontinues or withdraws charges;
• CPS offers no evidence. 

Victims will be informed of their right and the time limits to request a review. This provides an important safeguard in the criminal justice process.

Reinstatement and Revival of Proceedings

A burglary charge dropped before trial is not always permanent. Under sections 23(9) and 23A(5) of the Prosecution of Offences Act 1985, the CPS may reinstitute proceedings if further evidence emerges that meets the Full Code Test - that is, if there is a realistic prospect of conviction and it is in the public interest. 

In the magistrates' court, the defendant even has a right to apply to revive discontinued proceedings within a set timeframe if they wish to seek formal acquittal rather than leaving the charge administratively closed. 

Summary

A burglary charge may be dropped before court in England and Wales through:

• No further action by police pre‑charge where evidence is insufficient;
• CPS discontinuance after charge if ongoing review shows the case no longer meets legal standards;
• Offering no evidence in court when prosecution cannot proceed.

These actions are typically grounded in evidential and public interest assessments, and victims have rights to request a review under the VRR scheme. Even after discontinuance, charges may be reinstituted if new evidence emerges or prior decisions are reconsidered under statutory provisions.