Although technically not a "defence" at law, an application can be made for the Police to withdraw police charges. For this to occur, sound reasons must exist and certain protocols need to be adopted.
Great care is required when making application to the Police to withdraw any one or more charges against an accused person. What generally happens is, written representations are made to the Police Informant and to the Police Prosecutors.
In the higher courts the decision is generally made by the Office of the director of Public Prosecutions (or D P P).I t is at times referred to as a “no bill” , or Nolle prosequi (no further proceedings).
In our view any application for the Police to withdraw proceedings (or drop the charges) and/or any application to the D P P to “no bill” any charges should be made after proper advice is received. Any application should be drafted by a Solicitor with expertise in the Criminal Law.
We have substantial experience with these matters.
