Not all criminal cases will end with a verdict of guilty or not guilty; there are a number of other possible outcomes.

From time to time, the ODPP will decide not to continue prosecuting a case. Reasons we might do this include that the victim doesn’t want to proceed; there is not enough evidence against the accused; or continuing isn’t in the public interest (see Discontinuing prosecutions in the ODPP's Prosecution Guidelines). If the ODPP discontinues a matter, the judge or magistrate will discharge the accused, meaning they will be free to go. The ODPP prosecutor will always consult with the victim and the police officer in charge before making this decision. Victims who disagree with the ODPP can make a complaint or in some cases seek a review of the decision. to the Director of Public Prosecutions.

At other times, the judge will decide that the evidence against the accused isn’t strong enough to continue a case, and discharge them.

If there are genuine questions about the accused’s mental health, a matter will also take a different path than usual. The Mental Health (Forensic Provisions) Act 1990 rather than normal criminal law will apply, with can mean a different legal process, verdict and penalties (see Crimes involving mental illness or impairment).

If members of a jury can’t all agree on a verdict, the ODPP will consider whether to run the trial again, before a new jury. We will talk to the victim and the police officer in charge before making this decision. A retrial doesn’t always mean witnesses will have to give evidence again – if you are a vulnerable witness, the courts will usually accept your previous evidence, which will have been recorded. The prosecutor will talk to you about what happens when a matter is retried.