Withdrawal of a Statement in UK Law: A Comprehensive Guide

Table of Contents

1. Introduction: What Does “Withdrawing a Statement” Mean?

When someone provides a statement to the police—often a victim, eyewitness, or other crucial witness—they formally give an account of events in writing or via recorded interview. This statement becomes a critical piece of evidence in a criminal investigation. “Withdrawing a statement” means that the individual later informs the police, Crown Prosecution Service (CPS), or relevant authorities that they no longer stand by or wish to proceed with that statement. The phrase “I want to withdraw my statement” is commonly heard in domestic violence contexts, although it applies to various criminal allegations.

However, withdrawing a statement does not necessarily erase its existence from the case files. The police or CPS may still rely on the initial statement if they believe it’s credible or in the public interest to proceed. This is a frequent source of confusion: many people believe retracting or recanting automatically ends the prosecution. In reality, the effect of withdrawal is more nuanced.

2. Context and Importance of Statements in Criminal Investigations

2.1. Role of Witness and Victim Statements

Statements from victims or key witnesses often form a cornerstone of criminal cases. Without them, the prosecution might lack the evidence needed to secure a conviction. For instance, in a domestic violence scenario, the victim’s testimony about abuse is typically central to the charge. Similarly, in assault cases, the eyewitness account might carry substantial weight in proving guilt beyond reasonable doubt.

2.2. The CPS’s Approach

The Crown Prosecution Service decides whether to charge and whether to continue prosecuting a case. They factor in two main criteria:

1. Evidential Test: Is there sufficient evidence to provide a realistic prospect of conviction?

2. Public Interest Test: Is it in the public interest to proceed, considering the seriousness of the offence and any mitigating or aggravating factors?

A victim or witness withdrawing their statement can impact the evidential portion—removing or casting doubt on a crucial piece of evidence. But it doesn’t necessarily kill the prosecution. The CPS may see other evidence (like CCTV, forensic data, additional witnesses) to continue. Alternatively, they might treat the statement as valid if they suspect intimidation or manipulation, deciding it’s still reliable.

3. Reasons People Consider Withdrawing a Statement

1. Regret or Second Thoughts:
A person might initially feel confident in reporting an offence but later regret the decision for personal reasons—fear of repercussions, desire to mend relationships, or worry about going through a trial.

2. External Pressure or Intimidation:
Sometimes, especially in domestic violence or gang-related cases, the victim or witness might face threats or emotional pressure from the defendant or associates, leading them to recant out of fear for their safety or desire to maintain family unity.

3. Emotional Turmoil:
In personal disputes, individuals can experience confusion or conflicting emotions—anger at the time of reporting, then guilt or second thoughts after the dust settles.

4. Concern About Legal or Social Consequences:
The witness may fear the defendant losing employment, being imprisoned, or children’s care arrangements changing drastically.

5. Reconciliation Attempts:
Particularly in domestic relationships, the parties might reconcile, with the alleged victim believing they can resolve issues without legal intervention. They attempt to withdraw the statement hoping the prosecution will end, enabling them to remain together without the legal process interfering.

4. The Legal Framework: Witness and Victim Statements

4.1. How Statements Are Taken

• Initial Reporting: The alleged victim or witness calls the police or visits a station. They provide an account of what happened.

• Formal Statement: The police might produce a written statement for the person to sign or take an audio/video-recorded statement, especially in serious allegations like domestic violence.

• Legal Status: This statement forms part of the evidence. The witness or victim is typically expected to stand by it in subsequent legal proceedings.

4.2. Ownership of the Statement

Once given, the statement belongs to the police and CPS as evidence, not the witness personally. A witness can’t just “take it back” in a purely legal sense. They can ask to withdraw or recant, but the ultimate decision to keep or discard it is in the hands of the prosecution.

5. Common Misconceptions About Withdrawing a Statement

1. “It Will Immediately End the Case”:
   In reality, the CPS can still continue without the witness. If other corroborating evidence exists, or if they believe the original statement was truthful, they might press ahead.

2. “I Can Delete My Statement from the Records”:
   A statement remains a piece of evidence. Even if you recant, an official record persists. The police aren’t obliged to destroy it unless exceptional conditions apply.

3. “I Won’t Face Consequences for Changing My Mind”:
   While usually you won’t be prosecuted for initially making a statement and then wanting to withdraw it in good faith, if the retraction is proven to be false or an admission of an intentionally false statement, it can lead to potential charges like wasting police time, though it’s rare in typical domestic contexts.

6. The Process of Withdrawing a Statement

6.1. Informing the Police or CPS

If you want to withdraw a statement:

• Contact the officer in charge or relevant department dealing with the case.

• You might write a letter or request an appointment explaining your wish to withdraw.

• Provide reasons if you choose, but be mindful that the police or CPS might interpret them, especially if intimidation is suspected.

6.2. Possible Interview or Follow-Up

The police might re-interview you about why you want to withdraw. They may suspect intimidation or question whether you made a false statement initially. Being consistent and truthful about your reasons is crucial.

6.3. Official Note of Withdrawal

The officer typically records your desire in the case file. The CPS or investigating officer can then assess if they can proceed without your cooperation or if the statement is still valid. They might take your new statement acknowledging your retraction, or they might interpret your recantation as unreliable but keep the initial statement anyway.

7. Police and CPS Response to Withdrawal

7.1. Considering the Full Picture

The authorities check:

• Seriousness of the Allegation: In domestic violence or sexual offences, they tend to continue if the evidence is strong or the victim is deemed vulnerable.

• Consistency with Other Evidence: If forensic or independent witness proof corroborates the original account, they may proceed, suspecting you’re being coerced.

• Risk to the Public or Victim: They weigh if dropping the case endangers the alleged victim or broader public safety.

7.2. No Further Action vs. Continuing Prosecution

• No Further Action (NFA): If the statement is the only evidence, and now it’s retracted, the CPS might find insufficient grounds to continue.

• Continuing Despite Retraction: If the case is strong, or they believe intimidation is behind the retraction, they might proceed. They can even issue summons at court to produce you as a witness, though forcing testimony can be complicated. The prosecution may precede with the person withdrawing as hostile witness. 

8. Domestic Violence Context: Special Considerations

Why Domestic Violence Cases Are Unique:

• High Rate of Retractions: It’s common for victims to re-contact the suspect or to recant statements due to fear, financial dependence, or emotional ties.

• Public Interest to Prosecute: The CPS often sees domestic violence as a serious matter, continuing cases if possible. They might rely on bodycam footage, neighbor witnesses, or medical records.

• Support for Victims: Independent Domestic Violence Advisers (IDVAs) or refuge support might step in to protect the victim from pressure to recant.

Result: Even if the victim attempts to withdraw, a strong public interest often means the CPS pursues the charge, considering it crucial to deter ongoing abuse and protect the victim.

9. Impact on the Prosecution’s Case

The effect of a withdrawn statement on the prosecution hinges on:

1. Dependence on That Statement: If that statement is the core evidence, its retraction is a major blow—especially if no other corroboration exists.

2. Corroboration from Additional Evidence: CCTV, forensic data, or multiple witnesses can keep the case alive, reducing reliance on the original statement.

3. Witness Credibility: If the statement is contradictory or retraction is suspicious, the court may see the witness as unreliable. But the CPS might argue they initially told the truth and only retracted due to intimidation or pressure.

4. Public Interest and Severity: For more serious offences (e.g., grievous bodily harm, repeated domestic abuse), the prosecution might push forward vigorously.

Domestic Violence Protection Notices and Orders (DVPNs & DVPOs)

In cases involving alleged domestic abuse, the police and courts have special powers to protect victims—even where a statement has been withdrawn. The Domestic Violence Protection Notice (DVPN) and subsequent Domestic Violence Protection Order (DVPO) form part of a short-term civil protection framework available to police and magistrates’ courts. These orders are designed to provide immediate protection to alleged victims and are distinct from the criminal proceedings or evidence provided via a victim’s statement.

9.1. What is a DVPN?

A DVPN is an emergency notice issued directly by a senior police officer when there are reasonable grounds to believe:

• Domestic violence has occurred; and

• The notice is necessary to protect the victim from further violence or threats.

A DVPN takes effect immediately and can be served on the alleged perpetrator even without the victim’s consent. It typically prohibits the respondent from contacting the victim or entering their residence for a period of up to 48 hours, during which a DVPO application must be made to a magistrates’ court.

9.2. What is a DVPO?

A DVPO is a temporary court order made by a magistrates’ court following an application by the police after a DVPN is issued. The court may impose the order for a period of 14 to 28 days, extending the protective conditions such as:

• Prohibiting contact with the victim;

• Preventing the respondent from returning to shared accommodation;

• Banning access to certain locations or individuals.

DVPOs are civil in nature, applying the balance of probabilities standard of proof, and do not require the alleged victim to support prosecution or testify. The court’s primary concern is the immediate risk posed to the victim.

9.3. Can a DVPO Continue if a Statement is Withdrawn?

Yes. The existence or withdrawal of a statement has no bearing on whether a DVPO can be imposed or maintained. The magistrates’ court will assess risk independently, based on police evidence, previous incidents, and safeguarding concerns. Even if the victim does not wish to support further action, or makes a formal Withdrawal Statement, the DVPO can remain in force if the court deems it necessary for protection.

This underlines the protective—not punitive—purpose of DVPOs: to shield potential victims from harm while longer-term decisions (including criminal charges or family law orders) are considered.

9.4. Breach of a DVPO

Breaching a DVPO is a criminal offence under section 27 of the Crime and Security Act 2010. If an individual violates the conditions—such as by contacting the victim or returning to a prohibited location—they may be arrested and charged, regardless of whether the victim initiated the contact or has withdrawn their original allegation. A conviction for breach can result in a fine or imprisonment.

10. Potential Complications and Consequences

1. Risk of Perverting the Course of Justice:
If retraction is found to be a deliberate lie (e.g., the witness confesses to fabricating the original story), the police or CPS could consider charges for wasting police time or perverting the course of justice. While not routine, it’s possible in extreme cases.

2. Emotional Stress for the Witness:
Going back and forth can trigger further scrutiny. The victim may face suspicion or deeper involvement from social services if it’s a domestic context with children.

3. Ongoing Protective Orders:
Even if the statement is withdrawn, civil protective orders (like Non-Molestation Orders) might remain in place. The legal system can maintain certain protective measures to ensure safety.

11. Can You Be Forced to Testify Anyway?

The court can issue a witness summons (also known as a subpoena in the USA) to require you to attend court. If you refuse or fail to appear, the judge may issue a warrant for your arrest, forcing you to attend. This doesn’t happen in every scenario but is more likely in serious or public-interest cases, or if the CPS strongly believes you have crucial evidence and that the original statement was correct.

12. Witness Intimidation, Harassment, or Pressure

The police carefully examine if your retraction is voluntary or coerced. If signs of intimidation or harassment from the alleged suspect appear, that might add charges against them or lead the authorities to disregard your withdrawal under the presumption that your first statement was more accurate. This can cause the prosecution to persist, or protective steps to be implemented for your safety.

13. Professional Advice and the Solicitor’s Role

If you want to withdraw your statement, contacting a solicitor is advisable. They can:

• Explain the Potential Consequences: They’ll clarify how withdrawing might not end the case, how it could lead to suspicion of false reporting or intimidation, and what your real legal standing is.

• Liaise with the Police/CPS: The solicitor can formally notify authorities of your wish, ensuring it’s documented properly and you have representation if they ask further questions.

• Protect You If Pressured: If you’re under threat or fear negative repercussions, they can approach police or courts for protective measures (like injunctions or bail condition reviews).

• Advice on Domestic Violence Concerns: If relevant, a solicitor can direct you to specialist support while also ensuring your legal rights.

14. Alternatives to Full Retraction

Sometimes you might not want to fully recant but do want to clarify or correct parts of your statement. Or you might want to express that you don’t want the defendant prosecuted but don’t dispute the accuracy of what you said. Options include:

1. Adding a Supplemental Statement: Explaining new details, clarifying confusion.

2. Stating Non-Cooperation with Prosecution While Not Denying the Events: The CPS can still proceed, but you indicate unwillingness to testify.

3. Seeking a Meeting with the Prosecutor to Explain Context: They can weigh your perspective before deciding to continue.

15. Common Scenarios Illustrating Withdrawal

Scenario A: Minor Dispute Escalated

• Alice calls the police after a heated argument with her partner. She gives a statement claiming assault. Days later, after cooling off, she regrets involving the police and tries to recant. The police suspect the initial account was accurate, and Alice is simply reconciling. The CPS might continue if they have bodycam evidence from responding officers showing injuries or admission from the suspect.

Scenario B: Genuine Mistake

• John reported his flatmate for suspected theft. Later, he realized he misplaced his item. He tries to withdraw the statement, explaining it’s a misunderstanding. The police typically close the case with no further action—no impetus to proceed if John is adamant it was an error.

Scenario C: Pressured Victim in Domestic Abuse

• A victim, Maria, gave a statement describing repeated violence. Then her partner or family pressure her to recant. She contacts the police, saying she “lied.” Police suspect intimidation, proceed anyway. The matter is serious enough that the CPS might rely on neighbors’ testimony, medical records, and initial 999 call recordings.

16. Realities of Court Proceedings After a Withdrawal

Even if the case proceeds:

• You Might Still Be Called as a Witness: The CPS can serve you with a witness summons. In extreme cases, refusing to attend or giving contradictory testimony in court can lead to legal ramifications.

• The Original Statement Might Still Be Used: The prosecution could apply to have your prior statement read if they argue you’re now “hostile” or uncooperative. The judge decides based on rules of evidence if it’s admissible.

• Potential Outcome: The defendant can still be convicted if enough evidence is available, or the case might collapse if the retraction fatally weakens the prosecution’s arguments.

17. Potential Legal Implications for the Withdrawing Individual

1. Allegations of Making a False Statement: If the police believe your first statement was knowingly false, or your retraction is a lie, you risk being investigated for “Perverting the Course of Justice,” though it’s not typical for minor cases without evidence of deliberate falsehood.

2. Harassment or Pressure: If you claim you withdrew due to threats, you may need to cooperate with a new line of investigation about intimidation.

3. No Automatic Criminal Record: Withdrawing your statement is not itself an offence unless done in a fraudulent or malicious manner. But the confusion can leave a record that you changed your story.

18. How the Process Unfolds if the Case Continues

If the CPS chooses to prosecute despite your withdrawal:

1. Ongoing Investigation: Officers gather more evidence or re-check existing materials to see if they can build a case without your support.

2. Court Summons or Witness Summons: You could be legally required to attend.

3. Trial: If you show up, you might be declared a “hostile witness” if your testimony in court contradicts your original statement. The prosecution might still rely on that original statement, with the judge deciding whether it’s admissible.

4. Verdict: If the court finds enough evidence to convict the defendant, sentencing proceeds. If not, an acquittal follows.

19. How a Solicitor Can Help Protect Your Interests

If you’re the individual who wants to withdraw a statement:

• Legal Advice on Consequences: A solicitor can discuss the potential impact on the case, on you, and on any civil or protective orders in place.

• Formal Communication with Police/CPS: They can craft a letter explaining your reasons in a legally appropriate manner, ensuring clarity and mitigating misunderstandings.

• Safeguards Against Intimidation: If you face pressure to recant, your solicitor can help request additional protective measures or pass concerns to the police.

• Preparing for Court If Summoned: If the CPS pursues charges, a solicitor can counsel you on giving truthful testimony, consistent with your actual recollection, while clarifying if your original or new statement stands.

20. How Moeen & Co. Solicitors Can Assist

Dealing with the complexities of withdrawing a statement can be daunting. At Moeen & Co. Solicitors, we provide empathetic, expert, and strategic counsel to individuals navigating these sensitive waters:

1. Early Consultation and Guidance:
   Unsure about the ramifications of recanting your statement? We’ll outline the legal pros and cons, highlighting possible outcomes if the police ignore your withdrawal or question its validity.

2. Formal Communication with Authorities:
   We draft or deliver your withdrawal or recantation in a manner that best preserves your credibility. We ensure the reasons are clearly conveyed and reduce the risk of the police suspecting a false statement or intimidation.

3. Protection if Intimidation Is Involved:
   We can liaise with the police or courts to seek protective measures—like Non-Molestation Orders or varied bail conditions—if you’re feeling unsafe or pressured.

4. Representation in Further Interviews or Court:
   If your withdrawal triggers further questioning, or the CPS decides to continue the case, we provide robust representation, safeguarding your legal position, ensuring your rights are honoured, and helping you testify truthfully if called.

5. Expertise in Domestic Violence Dynamics:
   Our team understands the unique pressures of domestic violence allegations and the emotional complexity that leads victims to recant. We approach these matters with empathy, balancing personal safety and legal imperatives.

6. Strategic Support for the Defendant or Witness:
   Whether you’re the witness wanting to withdraw or the defendant concerned about a retracted statement’s impact, we craft strategies for your best outcome. In domestic cases, synergy between family law and criminal law expertise is crucial.

At Moeen & Co. Solicitors, we appreciate that decisions around withdrawing a statement can be emotional and fraught with complications. We handle each case with sensitivity and a clear, legally sound approach to help you navigate the system with minimal stress.

Conclusion

While it’s often believed that withdrawing a statement “kills” a criminal case, that’s not always the reality under UK law. The police and CPS can still push forward if they believe the original statement was truthful or if enough additional evidence supports a prosecution. This holds especially true in domestic violence or serious offences where there’s a strong public interest in pursuing accountability.

Yes, you can express your desire to retract or no longer support the prosecution, and the authorities must consider your reasons. But the final decision rests with the CPS, guided by evidence sufficiency and public interest. If you face confusion over the legal consequences or emotional complexities around recanting, seeking timely professional help is paramount.

Whether you’re anxious about an ongoing domestic case, fear repercussions from a contradictory statement, or simply want to clarify your position, turning to an experienced law firm can provide clarity and protection. Moeen & Co. Solicitors stands ready to guide you at every stage, from deciding whether a full withdrawal is advisable to protecting you if law enforcement suspects intimidation or false reporting. By engaging knowledgeable solicitors, you’ll gain the peace of mind and structured approach needed to handle this sensitive process with confidence.

FAQs About “Withdrawal Statement” in UK Law

1. What exactly is a "Withdrawal statement" in the UK criminal context?
   Answer: A "Withdrawal statement" is a formal notification from a witness or alleged victim to the police or Crown Prosecution Service (CPS) that they wish to retract, recant, or otherwise withdraw their original statement. This does not necessarily remove the statement from the file, but it signals the witness’s desire to no longer uphold or proceed with that evidence.

2. Does submitting a “Withdrawal statement” automatically end the case against the suspect?
   Answer: No, a “Withdrawal statement” does not guarantee the case will be dropped. The police and CPS may decide to continue if they find other evidence sufficient to proceed, or if they suspect intimidation is influencing the withdrawal.

3. Is a “Withdrawal statement” the same as asking for No Further Action (NFA)?
   Answer: Not exactly. While a “Withdrawal statement” may prompt the police or CPS to consider NFA if there isn’t enough other evidence, they can still carry on with prosecution if they believe public interest demands it. NFA is the formal outcome when authorities choose not to proceed further.

4. When I issue a “Withdrawal statement,” can I change my mind again later?
   Answer: You can provide another statement if you regret the withdrawal. However, changing statements multiple times can damage credibility in some cases. The CPS may also question the reliability of any subsequent accounts. 

5. Can the police or CPS ignore my “Withdrawal statement” and use my original statement anyway?
   Answer: Yes, they can. If the original statement contains crucial evidence, they might rely on it despite your withdrawal, especially in serious offences (like domestic violence or assault). They can argue you were truthful initially and now are recanting under duress or second thoughts.

6. Am I likely to get in legal trouble for issuing a “Withdrawal statement” if I previously told the truth?
   Answer: If your original statement was true and you’re simply choosing not to cooperate further, you typically won’t face criminal repercussions. However, if your “Withdrawal statement” implies you lied initially, there’s a risk (albeit rare) of being investigated for making a false statement. 

7. Is a “Withdrawal statement” in domestic violence cases handled differently?
   Answer: Often, yes. In domestic violence cases, the CPS is aware victims may feel pressured to withdraw. They might view a “Withdrawal statement” with suspicion or interpret it as a sign of coercion. Thus, the case may proceed without your cooperation, using other evidence.

8. How do I formally submit a “Withdrawal statement” to the police?
   Answer: Typically, you’d contact the officer in charge or the relevant department, expressing your desire in writing or by appointment. They might record a new statement of you retracting the allegations, or you can present a letter. A solicitor can help draft this to ensure clarity and limit misunderstandings.

9. Do I need a solicitor before issuing a “Withdrawal statement”?
   Answer: It’s highly recommended. A solicitor can explain the implications of withdrawing, help phrase your statement accurately, and prevent you from inadvertently incriminating yourself or appearing inconsistent.

10. Could the court force me to testify despite my “Withdrawal statement”?
    Answer: Yes, the court can issue a witness summons if the CPS insists you have valuable evidence. Failing to attend or refusing to testify can lead to legal consequences, such as contempt of court, though circumstances vary.

11. Does a “Withdrawal statement” remove any restraining order or bail conditions?
    Answer: Not automatically. If the defendant has bail conditions or if a restraining order is in place, they remain valid unless the court specifically lifts or amends them. A “Withdrawal statement” does not override the court’s protective measures.

12. What if my “Withdrawal statement” is due to intimidation from the defendant?
    Answer: Let the police or your solicitor know immediately. The police often interpret a sudden “Withdrawal statement” in domestic violence or serious crime cases as potential witness intimidation. They can offer additional protection, potentially leading to new or adjusted charges against the suspect.

13. Can a “Withdrawal statement” cause the CPS to suspect me of lying originally?
    Answer: They may question your consistency. If you now contradict your initial testimony, they might investigate whether your first account or second account is truthful. The CPS sometimes continues with the original statement if they believe it was genuine and the retraction is false or coerced.

14. Is a “Withdrawal statement” recorded on my criminal record or public files?
    Answer: A “Withdrawal statement” itself is not a criminal conviction. However, the police retain records of your statements (original and withdrawn), which remain part of the case file. They’re not publicly accessible but can appear in official records that the police or CPS use.

15. Can I do a partial “Withdrawal statement”—like clarifying only some parts are inaccurate?
    Answer: Yes, you can revise or correct certain details without fully disowning the entire statement. This is sometimes beneficial if you want to rectify mistakes but not derail the prosecution. It’s advisable to do this through legal representation to ensure clarity.

16. If I was forced to make a statement initially, does a “Withdrawal statement” fix that?
    Answer: If you were coerced into signing a statement you didn’t agree with, a retraction might help clarify your stance. Yet the police or CPS may investigate how and why you felt forced. 

17. How does a “Withdrawal statement” affect civil proceedings (like child custody)?
    Answer: Withdrawing a criminal statement doesn’t necessarily change how family courts view the underlying allegations. Family courts consider all evidence, including previous accusations of violence, even if retracted. If domestic abuse allegations were relevant, the court may still weigh them in child arrangements or protective orders. You should consult the civil and family proceedings with the appropriate specialist solicitors. 

18. Does a “Withdrawal statement” end my involvement if the CPS continues the prosecution?
    Answer: Not necessarily. The CPS might still call you as a witness if they believe you have valuable evidence. They can treat you as a “hostile witness” if your retraction conflicts with the initial allegations. You may still be compelled to attend court.

19. What is the best approach if I feel pressured to issue a “Withdrawal statement”?
    Answer: Seek immediate help—contact the police if you’re being threatened. They can provide protective measures or advise you on how to handle the situation ethically and safely. Coerced withdrawal can undermine justice and lead to further harm.

20. How can Moeen & Co. Solicitors assist with a “Withdrawal statement”?
    Answer: Moeen & Co. Solicitors can review your original statement, guide you on the legal implications of retraction, draft or communicate your “Withdrawal statement” to the authorities, ensure your rights are protected. They safeguard your interests, whether you choose to stand by your original statement or recant it for legitimate reasons.