The Crown Prosecution Service has dropped an assault charge against a 20-year-old man whose arrest became a flashpoint in the increasingly polarised debate over policing, after concluding there was insufficient evidence to support a prosecution.
Cody Harper had been due to appear before Birmingham Magistrates’ Court charged with assaulting an emergency worker following an altercation in the city centre on June 21. However, prosecutors abandoned the case after reviewing video footage of the incident, concluding they could not prove he intentionally struck a police officer.
Fury over ‘two-tier policing’ as footage goes viral and sparks political outrage
The footage, widely shared online, appears to show Harper being knocked to the ground during a confrontation involving two other men before a police officer pushes him against shop shutters. Moments later, as he swings his arms while attempting to regain his footing, contact is made with the officer.
In a statement, the CPS said a review of “all the evidence, including video footage” found there was insufficient evidence to continue proceedings.
The decision is likely to intensify scrutiny of both prosecutorial judgment and police handling of the incident. West Midlands Police maintained that Harper’s arrest was lawful because an officer performing her duties had been struck. The force also confirmed it had identified the two men seen confronting Harper before the arrest, although they were dealt with through out-of-court disposals rather than criminal charges.
As a former police sergeant, I find this footage raises some important questions. From what can be seen, the officer did not clearly identify herself before engaging with the individual. If someone genuinely believed they were being attacked, rather than confronted by a police…
— Cllr Stuart Davies Reform UK (@studaviesreform) July 3, 2026
The contrasting outcomes have fuelled criticism from opposition politicians, who argue the case illustrates broader inconsistencies in policing. Shadow Home Secretary Chris Philp described the episode as evidence of “two-tier policing”, while others welcomed the CPS’s intervention as proof that the evidential threshold for criminal prosecutions had ultimately prevailed.
The case highlights the increasingly complex challenges facing police and prosecutors in an era where incidents are often captured on video from multiple angles and subjected to immediate public scrutiny. It also underlines the importance of distinguishing between the legality of an arrest and the separate question of whether the evidence ultimately supports a criminal conviction.
A spokesman for West Midlands Police said: “We acknowledge and respect the decision of the CPS to discontinue the case against Cody Harper, as there was insufficient evidence to provide a realistic prospect of conviction.
“The arrest that was carried out in the early hours of 21 June was lawful and came after a police officer conducting her duties was hit.
“This was a spontaneous incident, on a busy street in Birmingham city centre, with officers dealing with a number of incidents in a short period of time.”
They added: “As a result of further footage being released, a further assault was recorded and an investigation was carried out.
“The victim in that offence chose not to make a statement to officers, but we were able to identify the offenders as a result of our investigation.
“Two men were interviewed under caution for that offence and have now been given out of court disposals.
“Our officers work 24/7 to keep the public safe in often hostile, demanding and challenging circumstances, and that work continues.”
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