Pre-charge engagement – a guide

In this guide we explain the concept of ‘pre-charge engagement’ and how Olliers’ specialist team of pre-charge lawyers can represent you if you are released under investigation or are subject to police bail in relation to a criminal investigation and have not yet been charged.

What is pre-charge engagement?

Pre-charge engagement refers to any voluntary engagement between parties to a criminal investigation (usually the defendant, the police and the prosecution) after the first police interview under caution. This can be on a formal or informal basis.

Our ultimate objective is to make ‘pre-charge representations’ arguing against prosecution – arguing that there is not a ‘realistic prospect of a conviction’ or that a prosecution is not in the ‘public interest’.

Effectively, we want to illustrate why the case should not proceed to court. Most often we will seek to argue that the case should be closed with ‘no further action’ often known as being ‘NFA’d’ but on occasions we may suggest that an out of court disposal, for example a caution, would be most suitable.

Watch the specialist Olliers pre-charge engagement team discuss defending criminal allegations at the pre-charge stage.

What does pre-charge engagement entail?

Each criminal investigation is different, and pre-charge engagement can encompass many different things.

Often it can involve providing defence evidence to the police to illustrate why there is a weak case against a defendant and therefore not a realistic prospect of conviction.

An example of this would be where the police have been provided with messaging from a complainant but only have certain messages and do not have the full picture of contact between a complainant and defendant. If we are able to provide other helpful messaging corroborating a defendant’s version of events, that may paint a very different story.

Annex B of the ‘The Attorney General’s Guidelines on Disclosure 2024’ which came into force on 29th May 2024 (replacing the previous guidelines) suggests that it may, among other things, involve:

• Suggesting further lines of enquiry
• Providing access to digital material
• Discussing ways to overcome barriers to obtaining evidence
• Agreeing key word searches of digital material on phones/laptops and other electronic devices
• Providing consent to access medical records
• Identifying and providing details of potential witnesses
• Clarifying whether expert or forensic evidence is agreed

Often the types of work we undertake may include some of the following:

• Taking a full and detailed statement from you
• Reviewing digital material, a client has access to such as WhatsApp messaging or emails
• Consideration of social media posts
• Taking statement from defence witnesses
• Taking statement from character witnesses
• Representations to police/CPS
• Making CCTV enquiries
• General liaison
• Obtaining medical records
• Instructing an expert such as a psychiatrist to prepare a report

How will pre-charge engagement help my case?

Individuals who deny allegations will be aided by early identification of lines of inquiry which may lead to evidence or material that supports a client’s defence.

Pre-charge engagement can help inform a prosecutor’s charging decision. It might avoid a case being charged that would otherwise be stopped later in proceedings, when further information becomes available.

Early resolution of a case will undoubtedly reduce anxiety and uncertainty for suspects. The emotional toll of having a case hanging over an individual cannot be overestimated. In addition, being subject to police bail can lead to problems for suspects seeing their children and having involvement of social services with their family as well as the impact upon a suspect’s employment, career and career progression.

Furthermore, the financial cost of a matter proceeding to court for a suspect who is privately funding a case can be significant and where criminal proceedings are avoided this can be hugely beneficial.

Pre-charge engagement is encouraged by Annex B of the ‘The Attorney General’s Guidelines on Disclosure 2024’.

My current solicitor says I just need to wait. Can Olliers still help?

Yes, we can still help. We are regularly instructed by clients who have used a different solicitor at the police station, sometimes the duty solicitor and been told that it is simply a waiting game at this stage. In the vast majority of cases, we disagree with this and will always look to see what we can do to benefit your case.

Many criminal solicitors may not specialise in pre-charge engagement.

Should you want to change your representation to Olliers, you can instruct us to act for you. We will contact your previous solicitor to obtain the required information and you do not need to make contact with them yourself, if you do not wish to.

Is legal aid funding available at the pre-charge stage?

Legal aid funding at the pre-charge stage is extremely limited and Olliers do not undertake this work on a publicly funded basis. We are usually able to provide fixed agreed fee quotations to deal with your case at the pre-charge stage up to the point a decision as to prosecution is reached.

Why should I instruct Olliers Solicitors for pre-charge engagement?

Olliers Solicitors has a lengthy history of successfully representing clients at the pre-charge engagement stage. Our experienced team has repeatedly demonstrated their ability to prevent charges from being brought, saving clients from the stress and consequences of a criminal trial.

At Olliers, every case is treated uniquely. Our expert lawyers take the time to understand the specific details and nuances of your individual situation, creating a personalised strategy to maximise the chances of a successful outcome. This tailored approach ensures that all relevant arguments and evidence are meticulously presented to the police and Crown Prosecution Service (CPS).

Clients are kept informed at every stage of the process, with complex legal terminology explained in understandable terms to help clients feel supported and empowered throughout their legal journey.

We promise excellent service through the Olliers Service Pledge and deliver on promises of quality and excellence through rigorous monitoring of compliance. Our continuing stream of 5-star google reviews and testimonials reflect our clients’ appreciation of excellence.

In 2024 Olliers won the award for Crime Team of the Year at the Manchester Legal Awards for the seventh time, retaining the title from 2023. In 2022 we were awarded Law Firm of the Year at the Manchester Legal Awards for the second year in a row.

Our senior lawyers are all leaders in their field. Olliers is ranked by both the leading guides to the profession – the Legal 500 2024 and Chambers Guide 2024. We are a Times Best Law Firm 2024.

Our Managing Director Matthew Claughton is the 2023 Legal 500 Northern Powerhouse Criminal Lawyer of the Year. Matthew is also the only two-time Partner of the Year at the Manchester Legal Awards most recently in 2021. Many of our lawyers are singled out for mention by the Legal 500.

Has Olliers successfully represented clients at pre-charge engagement in similar cases?

Yes, we have. Olliers Solicitors are one of the leading specialist pre-charge investigations firms. We regularly represent individuals who are being investigated in relation to allegations of a sexual nature, allegations involving indecent images or sexual communication allegations of a domestic nature including coercive and controlling behaviour and non-fatal strangulation as well as the whole spectrum of criminal allegations.

Read a detailed pre-charge successful case study below:

Mr X faced a number of allegations relating to the dysfunctional relationship he had with his partner. He was arrested and interviewed for allegations of harassment, assault and sexual assault and made no comment to the allegations in interview when he was represented by a duty solicitor.

We took a detailed statement from our client going into chronological detail about his relationship with his partner. It appeared that the relationship started off well but deteriorated after around a month. It seemed that the complainant was quite demanding, insisting that he paid for all meals, drinks and bought her clothes. When they moved in together, against the advice of his family, he had amassed a significant debt buying items to furnish the property. Although she had agreed to split the rent, she subsequently failed to do so. The relationship ended with an argument after which they split. He stated that the complaint followed a dispute over money she promised to pay then failed to do so.

We obtained a number of witness statements from friends and family corroborating his account. We were able to get evidence of an injury he received after stating that she had assaulted him during a previous incident. The statements suggested that his character had changed since he was in a relationship with the complainant, and it appeared to friends and family that his partner had been coercive and controlling towards him.

We were able to obtain character references that showed that the client was a genuinely nice person that prior to the relationship had been quite outgoing and sociable. After seeing the complainant, they confirmed he had been less sociable, more isolated and had lost weight.

We were able to obtain and filter text/WhatsApp communications between the complainant and client. We used these to confirm that there had been a discussion about what was owed by the complainant after the relationship ended, when she should have paid, and what she didn’t pay. Subsequently she made a complainant to the Police which we could suggest was malicious and due to the argument over monies owed.

We compiled all the above information into pre-charge representations that we sent to the Crown Prosecution Service (CPS) when the Police submitted their file for a charging decision. Having seen the wealth of material we had obtained the CPS did not proceed with the case, acknowledging that there was no realistic prospect of conviction.

Had we not intervened the Police would have submitted a file to the CPS with a statement from the complainant and information that the client had not provided an account in interview. It is likely that the case would have been prosecuted in court in these circumstances.

Other successful recent cases:

• Lengthy investigation into possession of indecent images of children and RIPA (failing to provide passwords). File was submitted to the CPS under RIPA only and no further action was taken due to lengthy response provided in response to the request, highlighting the defences available and the deficiencies of the police during the investigation
• Defendant accused of serious sexual assault against a minor. Due to active engagement with the police during the investigation, no further action was taken without the matter proceeding to the CPS. Subsequently an application was made to the DBS to remove evidence of the arrest from his record, which was successful. We were able to establish that this was a malicious allegation, fabricated with the intention to secure custody of the child.
• Allegations of controlling and coercive behaviour and assault against an ex-partner and her child. Significant work was undertaken in obtaining defence evidence, including obtaining audio recordings from with the house, statements from family members and colleagues, banking records, text messages and images. The case was submitted to the CPS prematurely by the police, who had failed to undertake any investigation into the allegations made or the defence raised. Ultimately no further action was taken.
• Historic allegation of rape. Assistance provided before, during and after voluntary interview, during which denials were submitted and defence witnesses provided. Due to active pre-charge engagement, a decision to take no further action was taken without recourse to the CPS.
• An allegation of public disorder was made against a client at his home address when confronted by the complainant and his associate. We were involved at the investigation stage and obtained various evidence that undermined the allegation and ultimately this was not prosecuted, and the case was dropped.
• Our client was investigated for a police assault following an incident at a bar after a wake. There was a disturbance between two other people and the client intervened to calm things down as a police officer attended. It was alleged by the police officer that he had pushed the officer back as he tried to intervene. This was denied. We obtained witness statements from 5 independent witnesses. We obtained CCTV footage of the incident and made representations to the police that there was insufficient evidence to proceed. The case was duly dropped. It is likely that the case would have been prosecuted had we not made the representations.

Benefits of Pre-Charge Engagement

The pre-charge work we undertook on the case avoided the client being prosecuted for the offence. This saved the client considerable stress and also the cost of defending himself at court which would have been much more than the cost of the pre-charge work. In addition, it avoids there being any record of him being charged for the offence which would have impacted his DBS record and caused problems for him applying for and getting certain jobs (even if he was acquitted at court). The pre-charge work was hugely beneficial to him in this case.

How do I instruct Olliers for pre-charge engagement?

If you would like to discuss how Olliers’ team of specialist lawyers can assist you, please contact our new enquiry team by telephone at 0161 834 1515 (Manchester), 020 3883 6790 (London) or via email at info@olliers.com or complete the form below to arrange a confidential discussion.