What Happens If the Complainant Wants the Charges Dropped?

Regarding the question in the title of this blog article, if the complainant in a criminal matter wants the charges dropped against the accused, nothing happens instantly. What may happen over time is complicated, and that is what we are going to discuss today.

In Canada, in criminal cases, a complainant is not in charge of whether or not charges are laid or pursued. The police arrest someone typically in consultation with Crown prosecutors, and then the Crown pursues the case to court. So, if the complainant suddenly does not want a case pursued, the decision whether to pursue a case or not is made by the Crown, not the complainant.

That said, the Crown does not like to pursue cases that it does not have a reasonable chance of winning, so an uncooperative witness can and does often result in charges being withdrawn or reduced. However, there are also other possibilities, some of which are listed below:

Subpoena

An uncooperative witness or complainant can be subpoenaed and compelled to testify in court. If the witness refuses to testify, he or she could go to jail. However, even if the complainant testifies, simply saying things like “maybe” or “I think so” or “I don’t remember clearly” can tank the prosecutions case.

Proceeding without Cooperation

The Crown can continue to proceed with a case even if the complainant is uncooperative. When this happens, the Crown can use other types of evidence to substantiate a claim. There are some cases in which the Crown is required to prosecute, such as domestic violence and assault cases, in which witnesses frequently change their minds about what they want to say.

There are many possibilities in cases where a complainant changes his or her mind about pursuing justice. What happens next is determined on a case-by-case basis.

If you have been charged with assault, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law. 

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients.

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.