If the grand jury returns a “no-bill,” which means there will be no arrest, can the incident be cleared by exception, prosecution declined?
An agency may exceptionally clear an incident provided that each of the four conditions listed in the previous question and answer are met (p. 34).UCR Handbook, NIBRS edition. The circumstance of “prosecution declined” may be used to exceptionally clear an incident provided that the prosecutor declines prosecution for a reason other than a lack of probable cause.
