Pre-charge engagement and sexual offences 

Initially you can be released for a period of up to three months. The initial bail period begins the day after a suspect is arrested for the relevant offence.  This can be up to three months. However, in cases involving the FCA, SFO, NCA or HMRC case the applicable bail period is different, and a custody officer can authorise for up to six months.

The initial applicable bail period can be extended with the authority of an inspector to six months. A second bail extension can be authorised by a Superintendent who may authorise a further extension from six to nine months. When the nine-month extension by the Superintendent is about to expire and the police consider they require additional bail time, they can apply to the Magistrates Court for an extension. This should be at least one week prior to the expiry of the explicable bail period. The Magistrates’ Court has the flexibility to grant exceptions up to 12, 18 or 24 months (for exceptionally complex cases only) depending on the circumstances of the case.

Applications to extend bail in pre-charge sexual offence cases

When the police make an application to the Magistrates’ Court you (and your legal team) should be provided with the application in order that a response can be provided by the defence. The police application should detail the work that has been carried out by the police so far, what is outstanding to be completed and why further time is required.

The circumstances as to why the application is being made need to be rigorously examined in order to determine whether a further extension is justified.

The police must be investigating the allegations expeditiously, and no delays should be caused by their inability to effectively and promptly follow reasonable lines of enquiry.

Investigations need to be conducted diligently and expeditiously irrespective of the time available as part of any remaining applicable bail period. Regular progress against an investigation needs to be shown and an investigation should not drift. If there are actions to be taken to finalise a case and obtain a charging decision these actions should be taken as soon as reasonably practicable and not left until the end of the bail period.

This is specifically referred to within the pre-charge bail statutory guidance as a diligent and expeditious investigation will ensure a better service for victims and witnesses, better management and welfare of the suspect and improved evidence gathering and case file preparation. 

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, often 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 seek to establish what strategy we can adopt to benefit your case, minimise the chances of you being prosecuted and conclude the matter in an expeditious fashion.

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 on a privately funded basis. 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 in relation to sexual offences. We are usually able to provide a fixed agreed fee quotation to deal with your case at the pre-charge investigative 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 in relation to sexual offences 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, cost 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).

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. I

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 and many of our lawyers are singled out for mention by the Legal 500.

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

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 such as rape and sexual assault, historic sexual allegations, sexual offences involving children, offences such as voyeurism and upskirting, revenge porn and disclosing or threatening to disclose intimate photos as well as allegations involving indecent images or sexual communication.

Read a detailed sexual allegation pre-charge investigation successful case study below:

JA was arrested for the offence of rape following a chance meeting with the complainant whilst on a night out with friends. After some drinking and dancing, things became heated, and they agreed to get a hotel room. It was alleged that whilst in the hotel room non-consensual sexual intercourse took place. The consent issue was that the complainant was incapacitated through alcohol and therefore incapable of consenting to sexual intercourse.

JA was arrested the following day. During the police interview, JA was represented by a duty solicitor and put forward a detailed prepared statement denying the offence.

Olliers were then instructed by JA to engage in pre-charge engagement with the police. We immediately contacted the investigating officer and the first action we took was to serve representations in relation to JA’s bail conditions, as two of the conditions required that he report to the police station three times a week and complied with a daily curfew. These conditions were not necessary or proportionate considering the nature of the allegation and JA’s lack of antecedent history. The conditions were causing him hardship as they were impacting his business and ability to visit his friends/family. To JA’s relief, our representations were successful, and these two conditions were removed.

Whilst taking instructions and preparing pre-charge engagement, it became apparent that there was important evidence to support his version of events, that he reasonably believed that the complainant had consented to sexual intercourse and that she was not incapacitated. The evidence included witness accounts confirming conversations between JA and the complainant over whether she had lost some property in the bar and to hearing the complainant laughing/talking in the background. Importantly, these conversations took place at the time JA and the complainant were in the hotel room when it was alleged that the complainant was incapacitated. There was also digital data to corroborate these telephone conversations.

We engaged in extensive pre-charge engagement with the police, obtained the interview recording and served pre-charge engagement representations. Many lines of inquiry (including examination of CCTV, witness statements, toxicology and DNA analysis queries were raised) and defence material was disclosed which shined a light on the evidential weaknesses in the investigation. Due to numerous evidential issues, the police decided to take no further action 11 months later, without seeking advice from the Crown Prosecution Service and the investigation came to an end.

Benefits of Pre-Charge Engagement in sexual offences investigations

The pre-charge work we undertook in relation to the above case avoided the client being prosecuted for the offence. This saved our client considerable stress and also the cost of defending themselves at court which would have been much more than the cost of the pre-charge work. In addition, it avoided there being any record of them being charged for the offence which would have impacted their DBS record and caused problems in applying for and getting certain jobs (even if acquitted at court).

The pre-charge work was highly beneficial in these cases.

Pre-charge engagement aligns with principles of fairness and transparency. It allows both sides to be heard and to contribute to the investigation process. This can be particularly important in sexual offence cases where there may be competing narratives and heightened emotions. By allowing the suspect to actively participate in the investigation, the process aims to ensure that the investigation remains impartial and thorough.

Sexual offence cases are particularly sensitive, and wrongful accusations can have devastating effects on both parties. Pre-charge engagement allows for more thorough consideration of evidence before charges are brought. Engagement between the defence and the police/prosecution early on helps ensure that only strong cases, with a realistic prospect of conviction are pursued, reducing the risk of unnecessary or premature charges.

How do I instruct Olliers for pre-charge engagement in relation to a sexual offence?

If you would like to discuss how Olliers’ team of specialist pre-charge sexual offences 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.