How “No Further Action” couldn’t be further from the truth – a guide to common legal terminology

Being arrested and prosecuted are hugely stressful life events for most people. However, what can make the experience feel even more overwhelming is the inability to understand procedures and the raft of legal terminology you will likely hear during your case.

If defending a charge, possibly the most important terms you need to understand are those that relate to the conclusion of a case and descriptions used to reflect a defendant has won their case.

Below we have outlined a number of different stages on how a case can conclude and what it means if a case is concluded in this way.

The following case outcomes can occur any time prior to charges being laid with the court.

Cautions provide a method to the police of dealing with minor offences without the need for Court Prosecution. Typically a caution is offered in circumstances in which the offence is low-level and generally when it is a first time offence.

To be able to accept a caution and for it to be offered you must:

1. Admit the offence;
2. Be willing to accept the caution;
3. There must be sufficient evidence to provide a realistic prospect of conviction; and
4. The offence must not be in the public interest to prosecute.

Accepting a caution is the easiest and most straightforward way to avoid a prosecution. However, a caution does not come without its downside. Whilst cautions are not criminal convictions they do form part of your criminal record and therefore are disclosable.

They can be referred to in future legal proceedings and can show up on a criminal record check, so if this could be a potential problem, care should be taken before simply accepting a caution.

Driving courses may be referred by the police to individuals who have committed a minor driving offence such as speeding or careless driving. In such circumstances the acceptance of the course avoids the necessity to attend court and you will not receive penalty points on your licence. Attending an awareness course does not result in a criminal conviction or criminal record and in most circumstances it is recommended to take part in a course unless you are adamant you have not committed the offence.

The police or a relevant investigator may decide to take no further action against an individual. This means that you will not be charged and therefore any allegation for which the police confirm there will be no further action, will not result in a criminal record/conviction. A decision to proceed with no further action could occur because there is insufficient evidence to proceed or because it is not in the public interest to prosecute.

The decision to take no further action in any case does not prevent a charge from ever being raised as it is not the same as being found Not Guilty. Therefore, NFA does not exonerate the person arrested of any alleged involvement in a crime. It is possible that the police can re-open the matter at a later point in time if further evidence comes to light. There is a 6 month time limit for most motoring offences which means charges must be laid within 6 months from the date of the alleged offence. Despite being advised that the police are proceeding with no further action against you, this time limit still holds true and could mean that a future prosecution is a possibility. Most more serious charges such as dangerous driving or cases that involve serious injury or a fatality have no time limit to be pursued.

It is also possible that under the Victims Right to Review Scheme that a complainant can request for the decision to proceed with no further action be reviewed, potentially leading to a charge.

Ultimately, in most cases no further action will mean that it is likely you will not be charged. However, you should be aware of the fact that it does not bar the prosecution from proceeding with a case.

If you are fortunate enough to face no action pre-charge, the one disadvantage is that you would not be able to claim back any legal fees from the National Taxing Team. For most of our clients, this is the least of their concerns and avoiding any prosecution tends to be the primary objective.

The following scenarios can occur any time following charge and as with any post-charge successful defence of a case, the defendant is entitled to apply for a defence costs order for a portion of their legal fees to be paid from central funds by the National Taxing Team.

Whilst it is unlikely to ever occur in relation to a motoring offence, the court does have the power under Section 378 Sentencing Act 2020 to “bind” someone. This is mostly done to “keep the peace”. Any person before the court can be bound over and the order can be made any time throughout the proceedings.

A binding over order means that a person must undertake to not engage in a specific activity for a certain period of time, breach of which will result in financial penalties.

Whilst binding over is not a conviction it can be used as an alternative to having a trial. It is possible for the prosecution to agree to offer no evidence on the proviso the defendant agrees to be bound over (it is important to note in this circumstance the defendant must consent). It is also possible for the court to bind someone over following conviction as an alternative to sentence.

It is noteworthy that in the rare circumstance that someone is bound over but also acquitted of an offence (either by the prosecution offering no evidence or following a trial) the defendant is still entitled to claim costs from central funds.

The prosecution has the power to discontinue the proceedings in a case without leave (permission) of the court. When the prosecution has insufficient evidence to convict or will struggle at trial, the preferred method is a discontinuance to avoid the need for parties to attend trial causing unnecessary costs.

A discontinuance can occur any time prior to the magistrates’ court hearing evidence at trial. This involves serving a notice which includes the following:

• The charges which are being discontinued;
• Those charges (if any) on which the prosecution are still proceeding so to which the notice does not apply;
• The reasons for the discontinuance; and
• The accused’s right to have proceedings revived.

It is very important that when you receive a notice of discontinuance you consider the timeframe prior to trial. A notice of discontinuance does not mean a prosecution for the same offence cannot be commenced at a later point in time. For most motoring matters, if the case is still within the 6 month time limit to lay charges with the court a case can be re-instituted.

This means that if you receive a notice of discontinuance on the day of trial or immediately before trial and there is still a significant amount of time to lay charges, it may be worthwhile to indicate you wish proceedings to be revived so that the prosecution will be put in a position where they have to “offer no evidence” which brings finality to the matter.

Much like discontinuances, the prosecution has the power to withdraw proceedings at any time before adjudication by the court. Proceedings withdrawn in such a way can be re-instituted at a later point in time and this should be outlined to the defendant at the time proceedings are withdrawn.

Leave of the court is required to withdraw proceedings and in such circumstances a defendant is entitled to make representations as to why they should be acquitted instead of withdrawal of the charge.

If leave of the court is refused then no evidence should be offered by the prosecution which will bring a conclusion to a matter.

In most cases hearing that the prosecution have offered no evidence is the best position you can find yourself in. When a prosecutor offers no evidence it results in the acquittal of the defendant and the same charge or charges cannot usually be re-instituted, meaning it brings a definite conclusion to the case.

No evidence being offered typically occurs when the prosecution has applied to adjourn a trial on the day of the trial and this has been refused by the court, or when the prosecutor does not believe they have sufficient evidence to proceed.

In either scenario it is preferable for the prosecution to offer no evidence rather than discontinue proceedings, as in almost any scenario it will lead to no further proceedings.

Following the conclusion of the prosecution’s case it is possible for the defence advocate to make a submission of “no case to answer”. This is a submission (legal argument) that based off the evidence heard by the court, there is no case for the defendant to answer. In other words, there is no defence to be raised because the prosecution case, taken at its highest, is insufficient to prove the charge beyond reasonable doubt. This will typically occur in cases where the prosecution case is weak because there is no evidence to prove the offence or the evidence is insufficient to convict.

If such a submission is upheld, either because there is no evidence for which a court could convict or the evidence is so poor it would be unsafe to convict then the case will be finished and the defendant will be acquitted.

It is possible for either party to appeal either a successful or unsuccessful submission of no case to answer. If the defence wish to appeal such a decision it is typical for an appeal to be lodged with the Crown Court. If the prosecution wish to appeal the decision the matter would need to be an appeal by way of Case Stated.

An acquittal can occur following the close of both the prosecution and defence case. Once all the evidence has been heard it is up to the court to decide on whether the case has been proven beyond reasonable doubt. The court may also refer to a burden of prove as being “satisfied so as to be sure.” If the court find that reasonable doubt exists, then the defendant is entitled to be acquitted.

Likewise, with an acquittal half way, the prosecution right to appeal revolves around them applying to state the case for the High Court’s consideration.

Finally, if you have already been found guilty of an offence and have appealed that decision to the Crown Court, if you are successful your appeal will be allowed and you will be acquitted of the offences.

Unlike the other types of acquittals, an appeal to the Crown Court does have cost implications. The limit in which you are entitled to costs back from the National Taxing Team is heavily reduced (to a maximum of £349.47 for work done and £496.00 per day for Counsel’s costs).

In conclusion it is highly important to note how your criminal matter has concluded as it will have an impact on costs, criminal records and the power for the prosecution to revive proceedings against you.