Withdrawal of Charges
A withdrawal of charges is the Crown's voluntary decision to discontinue the prosecution. Once charges are withdrawn, the case ends — no conviction, no finding of guilt, no probation. The withdrawal is announced in court, the matter is removed from the docket, and any associated bail conditions are vacated. Withdrawals are among the most favourable outcomes available to an accused short of an acquittal at trial.
Mass Tsang's criminal lawyers pursue withdrawal where the facts support it — as a primary or alternative defence strategy. For more on related resolutions, see our entry on Peace Bond.
Crown discretion
Withdrawal is a unilateral Crown decision — the Crown does not need the court's permission to withdraw charges (though by convention, the withdrawal is announced in court and recorded). The decision rests with the Crown attorney handling the file, subject to the policies of the local Crown's office and any Director's directives. The Crown does not need the accused's consent, but withdrawal is rarely a surprise to the defence.
Reasons for withdrawal
Common reasons for withdrawal include: failure of the case to meet the Crown screening threshold (reasonable prospect of conviction); witness unavailability or non-cooperation (particularly common in domestic-violence files where complainants recant); the Crown's case has been weakened by Charter rulings or evidentiary developments; the accused has completed an alternative resolution (diversion, restitution, counselling); the matter has been resolved by a peace bond; or the public interest no longer supports continued prosecution.
Withdrawal vs. stay
Withdrawal is distinct from a stay of proceedings. A withdrawal terminates the prosecution immediately and finally — the Crown can re-lay the charges only by laying a fresh information and starting over, which rarely occurs. A Crown-directed stay under section 579 also terminates the active prosecution but allows re-commencement within one year. After one year, the stay becomes effectively final. The defence usually prefers withdrawal, since it offers more finality than a stay.
Negotiating a withdrawal
Many withdrawals follow defence advocacy. Counsel can: present mitigating circumstances and character evidence to support withdrawal in the public interest; arrange completion of conditions (diversion programs, counselling, restitution) that satisfy Crown concerns; identify Charter issues that weaken the Crown's case and make a successful prosecution unlikely; arrange a peace bond resolution as an alternative; and engage the Crown early and constructively to discuss resolution options.
After a withdrawal
After charges are withdrawn, the matter does not create a criminal record. Police records may still contain references to the original charges; specific destruction-of-records applications can be made in some cases to clear those references. Some background checks (vulnerable sector checks in particular) can still surface the existence of withdrawn charges; awareness of those implications matters for occupations requiring such checks.
Related glossary terms
