End of criminal proceedings—an introduction to the possible means of disposal

Produced in partnership with Eva Niculiu of Three Raymond Buildings

Practice notes

End of criminal proceedings—an introduction to the possible means of disposal

Produced in partnership with Eva Niculiu of Three Raymond Buildings

Practice notes

What amounts to the conclusion of criminal proceedings?

A typical criminal case concludes with either an acquittal at the end of a trial, or a conviction and sentence after a trial or a guilty plea. However, there are a number of other ways in which criminal proceedings may come to an end. They are considered below, categorised as follows:

Without charge, at the end of a criminal investigation

•
a decision to take no further action
•
another out-of-court disposal, such as simple or conditional cautions

Without a verdict, after proceedings have begun

•
the Discontinuance of proceedings by the Director of Public Prosecutions (DPP) (in both the magistrates’ court and Crown Court) or by another public prosecutor (in the Crown Court)—available before summary trial starts (magistrates’ court), or before the Indictment is preferred (Crown Court)
•
the withdrawal of the charge or Summons by the prosecution (only in the magistrates’ court)—available at any time before adjudication with leave of the court
•
the dismissal of the information for

Eva Niculiu

Three Raymond Buildings

Eva is a barrister at Three Raymond Buildings, specialising in crime and associated areas including extradition, licensing, and regulatory law.

She represents defendants across the full range of criminal offences, and has experience representing young people and dealing with young and vulnerable witnesses. She has acted as led junior counsel for the defence in complex fraud trials, and in a murder appeal against conviction. She also prosecutes on behalf of the CPS and a range of other agencies including Transport for London and the Security Industry Authority.

In extradition cases, Eva appears on behalf of requested persons both at first instance and on appeal in the High Court.

She acts for the Metropolitan Police Service in applications for civil preventative orders such as sexual harm prevention orders, sexual risk orders, and closure orders. Accordingly she is also well placed to advise and represent defendants facing such applications.

Eva's other work includes legal professional privilege reviews for HMRC and the Metropolitan Police.

Before coming to the Bar, Eva gained an MPhil from the Cambridge Institute of Criminology. Her dissertation examined the principles of moral and criminal responsibility and their application to psychopaths.

Jurisdiction(s):

United Kingdom

Key definition:

Conditional caution definition

What does Conditional caution mean?

A conditional caution is a prosecution led tool whereby a person admits the offence and agrees to abide by certain conditions in return for not being prosecuted for that offence.

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