Pre-Charge Engagement Solicitors

Specialist Advice Before the Police Make a Charging Decision

Being interviewed under caution can be a frightening and uncertain experience. Whether you have been released on police bail or released under investigation, you may be left wondering what happens next and whether there is anything you can do to influence the outcome of your case.

The answer is often yes.

In some cases, it may be possible to engage proactively with the police before a charging decision is made. This is known as pre-charge engagement.

Pre-charge engagement is the process by which a suspect, through their solicitor, provides additional evidence, information or representations to the police and CPS before a charging decision is made, with the aim of persuading them not to bring charges.

At Old Bailey Solicitors, we advise individuals facing criminal investigations on whether pre-charge engagement is likely to assist and, where appropriate, we work proactively to present evidence and representations designed to persuade the police and Crown Prosecution Service that no further action should be taken.

What Is Pre-Charge Engagement?

Many people assume that once they have been interviewed by the police, they have no option but to wait for the outcome of the investigation.

However, there are circumstances in which a suspect can provide additional information, documents or evidence to investigators before a charging decision is made.

Pre-charge engagement may provide an opportunity to:

• Present evidence that supports your account.
• Address misunderstandings or inaccuracies in the investigation.
• Highlight lines of enquiry that have not been pursued.
• Provide relevant documents, records or expert evidence.
• Make representations on your behalf before a charging decision is made by the police or CPS.

The objective is simple: to achieve the best possible outcome at the earliest possible stage.

Is Pre-Charge Engagement Always the Right Approach?

No.

Every criminal investigation is different and there is no one-size-fits-all solution.

In some cases, proactive engagement can be highly effective. In others, providing further information may not be in your best interests. The decision requires careful consideration of the allegations, the available evidence and the overall defence strategy.

For that reason, obtaining specialist legal advice before taking any action is essential.

At Old Bailey Solicitors, we will always give you honest and realistic advice, tailored to the individual facts and circumstances of your case.

Strategic Advice from Experienced Criminal Defence Solicitors

Our experienced criminal defence solicitors regularly advise clients who are under investigation for a wide range of offences.

We can:

• Review the circumstances of your case.
• Advise whether pre-charge engagement is appropriate.
• Identify evidence that may assist your position.
• Communicate directly with the police on your behalf.
• Prepare written representations.
• Develop a strategy aimed at avoiding charge wherever possible.

We understand that the impact of criminal investigations can have devastating and far reaching consequences. They can impact on your reputation, family life and career. Our role is to provide clear, practical advice tailored to your individual circumstances.

Why Instruct a Pre-Charge Engagement Solicitor Early?

Once a decision to charge has been made, the focus moves to defending criminal proceedings before the courts. We often find that it is harder (though not impossible) to persuade the police or CPS to reverse a decision that has already been made, than it is to persuade not to make that decision in the first place.

Pre-charge engagement provides an opportunity to influence matters before that stage is reached.

Seeking specialist legal advice at an early stage can help you understand your options, protect your interests and ensure that any opportunity to challenge the case before charge is not missed.

Contact Our Criminal Defence Team

If you have been interviewed under caution, released on police bail or released under investigation, our specialist criminal defence solicitors can advise you on whether pre-charge engagement may assist in your case.

Contact Old Bailey Solicitors today to discuss your situation in confidence and obtain expert advice on the best way forward.

Pre Charge Engagement FAQs

What is the difference between pre-charge engagement and a police interview under caution?

Advice at the police station relates to how you approach your interview under caution itself. Pre-charge engagement happens afterwards, once you’ve been released on police bail or released under investigation, and while the police are still making up their mind. It’s a second opportunity to shape the outcome of your case, not a replacement for good advice in interview.

How long does pre-charge engagement take?

It depends entirely on the case. Some investigations may conclude within weeks, but that is not the norm. The criminal justice system is over worked and under resourced which unfortunately means that many cases are ongoing for months, or even years, particularly where the allegations are serious or the evidence is complex. There is no set timetable, which is exactly why it’s worth having a solicitor keeping the pressure on and the investigation moving, rather than simply waiting to hear something.

Does pre-charge engagement guarantee no charge?

No. What pre-charge engagement does is give you the best possible chance of influencing the outcome at the earliest stage, before a decision has been made and while it’s still easier to change. At Old Bailey Solicitors, we’ve seen this approach lead to no further action being taken in cases that might otherwise have gone to charge.

Is pre-charge engagement the same as making representations to the CPS?

Not quite, although the two overlap. Representations to the CPS are often part of pre-charge engagement, but the wider process can also involve speaking directly to the investigating officer, submitting fresh evidence, or pointing out lines of enquiry the police haven’t followed up. Think of CPS representations as one tool among several.

Can I do pre-charge engagement without a solicitor?

You can, but we’d strongly advise against it. Anything you say or hand over to the police can be used against you, and once it’s disclosed, you can’t take it back. Our team at Old Bailey Solicitors will always assess exactly what should, and shouldn’t, be shared with investigators, and present it in the way most likely to help your case, rather than harm it.