News · Criminal law explainer
Can criminal charges be dropped or withdrawn in NSW?
A common hope for anyone charged is that the charges will simply be dropped, and a common misunderstanding is that the complainant can drop them. In New South Wales neither is quite right. Charges can be withdrawn, but the decision belongs to the prosecution. This note explains who decides, when charges are withdrawn, and how a defence lawyer can push for that outcome.
By Aaron Kernaghan · Published 3 September 2026
Yes, but only the prosecution can withdraw a charge, not the alleged victim. In NSW the police or the DPP decide whether to continue or withdraw a charge, based on whether there is a reasonable prospect of conviction and whether prosecution is in the public interest. A defence lawyer can make written representations asking for charges to be withdrawn or reduced, and these can succeed where the case has real weaknesses.
Who decides whether a charge continues?
The decision to continue or withdraw a charge rests with the prosecution, which is the police in many Local Court matters and the Director of Public Prosecutions in serious matters. The alleged victim does not control the charge. Their wishes are relevant but not decisive.
Prosecutors apply a two-part test: whether there is a reasonable prospect of conviction on the available evidence, and whether prosecution is in the public interest. A charge that fails either limb should not continue.
Why can a complainant not just drop the charges?
Once police lay a charge, it is a matter between the state and the accused, not between two private individuals. That is why a complainant cannot simply withdraw it. This is especially clear in domestic violence matters, where police often continue even if the complainant does not wish to proceed.
A complainant who no longer supports a prosecution can tell police and the prosecutor, and that can affect the decision, but it does not automatically end the case.
When are charges withdrawn?
Charges are withdrawn where the evidence does not support a reasonable prospect of conviction, where a key witness will not or cannot give evidence, where a search or other evidence is likely to be excluded, or where continuing is not in the public interest. Charges are also often withdrawn as part of negotiations, where the accused pleads to some charges and others are dropped.
A withdrawal can happen at any stage, from an early mention through to the door of the court, as the evidence and the prospects become clear.
What are representations?
Representations are a written submission from the defence to the prosecutor, setting out why a charge should be withdrawn or reduced. They point to the weaknesses in the case, the problems with the evidence, and the reasons prosecution is not warranted. Well-made representations, supported by the brief, can lead to charges being dropped without a hearing.
This is skilled work. It requires a close reading of the brief of evidence and a clear argument aimed at the prosecutor's own test.
What if the charges are not dropped?
If representations do not succeed, the matter proceeds, and the choice is between pleading and defending. Even where a charge is not withdrawn entirely, negotiations can often reduce the charges or agree a set of facts that improves the outcome.
Our notes on charge negotiation and how to plead explain the options if a charge stays on foot.
Frequently asked.
Can a victim drop criminal charges in NSW?
No. Once police lay a charge it is a matter between the state and the accused, not the complainant. The complainant's wishes are relevant, especially their willingness to give evidence, but they cannot simply withdraw the charge.
Who can withdraw a criminal charge?
Only the prosecution, which is the police in many Local Court matters and the DPP in serious matters. They decide based on whether there is a reasonable prospect of conviction and whether prosecution is in the public interest.
Can charges be dropped before the hearing?
Yes. Charges can be withdrawn at any stage, from an early mention to the door of the court, and are often withdrawn or reduced as part of negotiations.
What are representations?
A written submission from the defence to the prosecutor, arguing why a charge should be withdrawn or reduced, based on the weaknesses in the case. Well-made representations can lead to charges being dropped without a hearing.
Do charges get dropped in domestic violence cases?
Not automatically, even if the complainant no longer wishes to proceed. Police often continue such matters. The complainant's position is relevant to the prosecutor's decision but does not end the case.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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