Understanding Domestic Abuse Cases After Statement Withdrawal

By Michael Thompson, Founder of the Falsely Accused Network

In my work with the Falsely Accused Network, I frequently encounter individuals who find themselves caught in the complex machinery of the criminal justice system following domestic abuse allegations. One question that arises repeatedly concerns what happens when an accuser withdraws their statement.

Many assume that a withdrawn statement automatically ends the case, but the reality is far more nuanced within the England and Wales legal framework.

When an accuser decides to withdraw their statement, this initiates a specific process rather than terminating proceedings. The police typically document this withdrawal through a formal “withdrawal statement,” capturing the accuser’s reasons for recanting. However, this does not bind the hands of the authorities.

The Crown Prosecution Service (CPS) and police retain the power to continue pursuing the case based on several critical factors. They will assess whether sufficient evidence exists to proceed without the complainant’s testimony, evaluate the alleged offence’s severity, examine any history of prior incidents, conduct risk assessments for all involved parties, and weigh broader public interest considerations.

Police officer and a crown prosecutor

Of particular concern to those we support at the Falsely Accused Network is the increasing prevalence of “evidence-led prosecutions.” These prosecutions continue without relying on the complainant’s testimony, instead building cases from alternative evidence sources such as emergency call recordings, police body-camera footage, medical records, photographs of alleged injuries, statements from neighbours or witnesses, and digital communications like text messages.

In some instances, prosecutors may even compel a reluctant complainant to attend court through a witness summons, though this approach is generally considered a measure of last resort.

While the CPS operates under guidance specific to domestic abuse cases—which acknowledges the complex pressures and dynamics that might lead to statement withdrawal—this system creates situations where accused individuals face prosecution even when the original complainant no longer supports the case.

At the Falsely Accused Network, we recognize that domestic abuse is a serious issue requiring appropriate intervention. However, we also understand that allegations aren’t always straightforward, and the persistence of prosecution after statement withdrawal creates particular challenges for those who maintain their innocence.

This reality underscores the importance of proper legal representation and support from the earliest stages of an investigation, regardless of whether the accuser maintains or withdraws their allegations.

The path through these cases remains challenging, but understanding the process is the first step toward navigating it effectively.

For anyone falsely accused of domestic abuse visit www.falselyaccusednetwork.co.uk/contact or email support@falselyaccusednetwork.co.uk to arrange a free and confidential call. (UK ONLY)