Huhne may be charged within weeks It follows allegations that the Energy Secretary asked his former wife to take speeding points for him. But today the publishers withdrew their application. A Downing Street spokeswoman today declined to speculate on whether Mr Huhne could remain a minister if he is charged with an offence, saying only that members of the Cabinet are appointed by the Prime Minister and are subject to the ministerial code. The code states that "ministers of the Crown are expected to behave in a way that upholds the highest standards of propriety" and makes clear that it is for the Prime Minister alone to judge whether they should remain in office. The spokeswoman said: "The Prime Minister has confidence in the Energy Secretary." Ben Silverstone, appearing for Times Newspapers, told the judges that the publishers had agreed to drop the application for judicial review at the start of the hearing. Today's development opens the way for the email evidence to be studied - and a swift decision made on whether or not to charge Mr Huhne. It was announced late last year that the Crown Prosecution Service (CPS) was "very close" to making a decision and only today's application was delaying the process. News reports have suggested ministers are on alert for a mini reshuffle if the case spells the end of the Energy Secretary's Cabinet career. Today Andrew Edis QC, appearing for Essex Police and the CPS, described Times Newspapers' abandoned bid to block the production order as "misconceived." The judges ordered that details of the case must remain confidential pending the decision on whether or not to prosecute. Essex Police obtained a production order to seize the emails at a private hearing last October. The newspaper then decided to seek judicial review of the police move, leading to the prosecution decision being put on hold. The police investigation followed claims Mrs Pryce made in a Sunday Times interview that Liberal Democrat Mr Huhne had asked "someone" to take points on his behalf to avoid losing his licence. It later emerged that the "someone" was allegedly Mrs Pryce. Police have already obtained an affidavit she signed when she made her allegations to the newspaper, as well as a taped telephone conversation between her and Mr Huhne. The speeding offence is alleged to have taken place in 2003 when the then-MEP was driving home from Stansted Airport after flying back from the European Parliament. Mr Huhne, who left Ms Pryce for another woman, has denied the points allegations. A spokesman for the CPS said: "We are pleased that the appeal has been withdrawn. As soon as we have received the evidence we will consider it carefully and will reach a decision as soon as possible.