If you are being investigated by the police for a criminal offence, it is important to consult a solicitor to determine whether pre-charge engagement could be an important factor in your case.
What is pre-charge engagement
Pre-charge engagement is where we can identify lines of enquiries or make written representations to the Police/Crown Prosecution Service. It is voluntary and must happen before any decision is made whether to charge.
Why consider pre-charge engagement
With the correct legal advice and representations made, your investigation could conclude with a no further action decision. It ensures that the police conduct every line of enquiry which could assist with your defence or undermining the complaint.
It can be considered in every investigation, however it is most vital in when the allegations involved serious offences including but not limited to drugs, violence, rape and sexual offences or domestic violence.
What can it include?
Annex B of the Attorney General’s Guidelines on Disclosure 2024 (which is currently the most up-to-date guidance) suggests that pre-charge engagement may include the following:
- Giving the suspect the opportunity to comment on any proposed further lines of inquiry.
- Asking whether the suspect is aware of, or can provide access to, digital material that has a bearing on the allegation.
- Agreeing to any keyword searches of digital material that the suspect would like carried out.
- Obtaining a suspect’s consent to access medical records
- The suspect identifying and providing contact details of any potential witnesses.
- Clarifying whether any expert or forensic evidence is agreed and, if not, whether the suspect’s representatives intend to instruct their own expert, including timescales for this.
Further examples can be enquiries which can undermine a complainant’s reliability and credibility, especially those accused of serious sexual offences, where often the evidence is one word against another.
Clients can often not realise evidence that they may have or witnesses they may be able to speak with to assist with their case. It is therefore crucial to consider this at an early stage.
Why choose Johnson Astills for advice about pre-charge advice?
Johnson Astills offer fixed fee appointments to clients who benefit from advice following arrest and in the difficult period before a charging decision is made. We can identify potential lines of enquiry and engage in pre-charge advice on your behalf.
How can Johnson Astills help?
It is vital to seek legal advice should you find yourself accused of a criminal offence. At Johnson Astills, we specialise in criminal defence, including advice and representation at the police station. We have experience in liaising with the police and submitting pre-charge engagement representations, which have resulted in no further action being taken against our clients.
At Johnson Astills, we offer fixed fee initial consultations, at which we will discuss your matter in detail and provide preliminary advice and guidance. For further information, or to arrange a fixed fee consultation, please call our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312.
