Can I be charged when there is no evidence?

A common concern among individuals facing criminal charges is “Can I really be charged if there’s no evidence?”  

At Olliers Solicitors we regularly speak with clients, particularly in allegations of a sexual or domestic nature, who are shocked to find themselves charged when there appears to be no forensic evidence, CCTV footage or witnesses. 

In this blog we explain how a charge can still be brought, even in the absence of physical evidence, and why it’s vital to take these cases seriously from the outset. 

What does “no evidence” really mean? 

It’s important to clarify what the term “evidence” means in criminal law. Many clients assume that evidence must be tangible such as fingerprint or DNA evidence, messaging or emails or video footage. However, the complainant’s statement alone is legally considered evidence. 

A complainant is regarded as a witness to the offence. Their statement detailing what they say occurred is their evidence and in some cases that can be sufficient to bring a criminal charge. 

When Does This Happen? 

This situation is most commonly seen in: 

• Domestic abuse allegations including non-fatal strangulation, domestic assault allegations and controlling and coercive behavior 
• Sexual offences including rape and sexual assault as well as historic sexual offences 
• Assault cases without witnesses 
• Situations where the accused and the complainant know each other 

The rationale for charging someone based solely on a complaint lies in the desire to protect genuine victims and prevent further harm. If police were to release a potentially dangerous individual simply because there is no supporting physical evidence, they could be placing victims at serious risk. 

Is a complainant’s statement enough to prosecute? 

The Charging Standard is the test to be applied by a prosecutor before making a decision to prosecute. It is contained within the 2018 Code for Crown Prosecutors. Under the Charging Standard, a prosecution cannot commence unless there is a ‘realistic prospect of a conviction’ and a prosecution is in the ‘public interest’.  

The Code for Crown Prosecutors clarifies that a realistic prospect of conviction means:

“an objective, impartial and reasonable jury, bench of magistrates or a judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge alleged.” 

Is a complainant’s statement enough to convict? 

While a complainant’s statement may be enough to charge and bring a prosecution, it is not always enough to convict. 

In order to convict someone of a criminal offence, the prosecution must prove the case beyond reasonable doubt. If there are no other witnesses or forensic evidence, the credibility of the complainant becomes crucial. This is where an experienced defence lawyer can make a significant impact. 

How is the complainant’s evidence presented in court? 

At trial the complainant usually: 

• Attends court in person 
• Gives evidence by answering questions from the prosecution 
• Is cross-examined by the defence to test the accuracy and reliability of their account 

The defendant will also be expected to give their own version of events and face cross-examination from the prosecution. 

Challenging a Complainant’s Statement 

A strong legal defence can make all the difference. 

An experienced solicitor or barrister will: 

• Test the credibility of the complainant’s evidence through cross-examination 
• Highlight inconsistencies or motives for false allegations 
• Present the defendant’s account clearly and persuasively 
• Introduce reasonable doubt in the minds of the magistrates or jury 

If the complainant appears confident and consistent, and the defendant appears vague or uncertain, the court may lean towards conviction even with no supporting evidence. 

What Defendants Need to Know 

If you’ve been charged and believe there is “no evidence,” it’s crucial to understand that the complainant’s account is evidence, even without forensic or corroborative support. 

Conviction is still possible if the court finds the complainant to be credible and persuasive. 

A well-prepared defence can make a significant difference in the outcome and you should always seek legal advice immediately even if you think the case against you is weak. 

Why Choose Olliers Solicitors? 

At Olliers Solicitors, we have many years of experience representing clients accused of serious offences where the only evidence is a complainant’s statement. We understand how to scrutinise evidence, cross-examine effectively and present a strong and consistent defence. 

Our approach is always client-focused, strategic, and aimed at securing the best possible outcome, whether that’s getting a charge dropped or achieving an acquittal at trial. 

Charged Based on a Statement Alone? Contact Olliers Today 

If you’ve been charged and feel there is no evidence against you, don’t take any risks. Early legal advice is essential. Let our award-winning team assess your case and guide you every step of the way. 

Contact our new enquiry team on 020 883 6790 (London) or 0161 834 1515 (Manchester), email info@olliers.com or complete the web enquiry form below.