Pre-Charge Engagement Solicitors

If you are under criminal investigation, early expert legal intervention can significantly influence the outcome of your case.

At Clifford Johnston & Co., our experienced criminal investigation solicitors provide crucial advice and representation during the initial stage of investigation by the police, or pre-charge investigations by other regulatory authorities such as the Serious Organised Crime Agency.  We focus and work proactively to protect your rights, provide clarity, and seek resolutions that prevent unnecessary prosecutions.

Being subject to a criminal investigation may result in a variety of restrictions or unwanted consequences, such as being unable to return home, risks to your employment, or the threat of adverse publicity. The uncertainty of being subject to investigation, even without charge, can cause great anxiety and be a significant burden. In cases where formal charges are brought, our Private Criminal Defence Solicitors offer expert representation, ensuring the strongest possible defence throughout the legal process.

While some legal teams may advise you to wait until the police have conducted their enquiries. At Clifford Johnston & Co., we take a very different approach. Our criminal defence team focuses on early intervention and proactive representation. Through pre-charge engagement, we work closely with investigators to shape the investigation, ensuring that all relevant defence lines of enquiry are explored and that weak cases are exposed and brought to an early conclusion.

Choosing the right defence team at this critical stage can make all the difference. It is essential that your solicitors monitor the investigation actively and, where appropriate, initiate pre-charge engagement. This process involves establishing dialogue with investigators, presenting evidence, and ensuring investigating authorities comply with the Code for Crown Prosecutors and the Director of Public Prosecutions Guidance on Charging.

Our goal is clear: to achieve the best possible outcome for our clients, often avoiding the stress, cost, and trauma of court proceedings altogether.

What Is Pre-Charge Engagement?

Pre-charge engagement is a voluntary and formal process which usually occurs after the first police interview under caution. It facilitates meaningful dialogue between defence solicitors, investigators, and sometimes prosecutors to resolve investigations efficiently and avoid unwarranted charges.

This process is encouraged by the Code for Crown Prosecutors and outlined in Annex B of the Attorney General’s Guidelines on Disclosure 2024. Annex B outlines the framework for pre-charge engagement, providing clear guidance on its objectives, methods, and the responsibilities of all parties involved, making it a critical tool for ensuring fairness and efficiency during investigations.

Properly conducted, pre-charge engagement can narrow disputes, identify crucial lines of enquiry, and ultimately influence charging decisions.

Investigators are required to provide suspects or their representatives with information about pre-charge engagement, either before or after an interview. This explanation should be communicated clearly, outlining the process’s aims, benefits, and timelines, as well as providing a point of contact for future discussions.

Pre-charge engagement is very important before any decision is made as to whether to commence proceedings. Such engagement is encouraged by the Crown Prosecution Service. It is beneficial to all parties, particularly in cases where it might avoid a case being charged that would otherwise be stopped later in proceedings when further information becomes available. Those Guidelines also recognise explicitly the benefit that pre-charge engagement can bring in reducing anxiety and uncertainty for those the subject of investigation and, perhaps significantly in this case, reducing the cost to the criminal justice system of bringing proceedings which are without merit.

Prosecutions should only be commenced if both stages of the ‘Full Code’ test are satisfied (as per para.4.1 of the 2018 Code for Crown Prosecutors): (a) the evidential stage; followed by (b) the public interest stage. Whilst that Code was written for Prosecutors, the considerations and factors outlined therein are of equal relevance to the Officer in the Case, in reviewing whether the investigation should proceed any further.

At the Evidential Stage, it would have to determine whether there is sufficient evidence to provide a realistic prospect of conviction, i.e., an objective, impartial and reasonable jury hearing a case, properly directed, and acting in accordance with the law, is more likely than not to convict the defendant of the charge alleged. The Code emphasises that a case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be.

At the Public Interest Stage, it would have to be determined whether a prosecution is required in the public interest. Where there is sufficient evidence of a criminal offence, a prosecution will not automatically follow, and will not where there are public interest factors tending against prosecution which outweigh those tending in favour.

The Code stresses that Prosecutors should stop cases quickly which do not meet the evidential stage of the Full Code Test, and which cannot be strengthened by further investigation, or where the public interest clearly does not require a prosecution.

How Pre-Charge Engagement Works

Pre-charge engagement allows suspects or their representatives to actively participate in the investigation by:

• Identifying new lines of enquiry: For example, providing details of witnesses who may support the defence case.
• Providing access to digital evidence: Suspects may agree to keyword searches of electronic devices or disclose specific documents.
• Clarifying forensic or expert evidence: Agreeing on key issues to streamline the investigative process.
• Resolving barriers to evidence collection: Such as consenting to access to medical records.
• Avoiding unnecessary steps: Narrowing disputes can help investigators prioritise relevant evidence.

It is important to note that pre-charge engagement is not suitable for every case. It cannot replace formal interviews under caution, nor should it be used to introduce unreliable or unfounded allegations against others.

Benefits of Pre-Charge Engagement

Pre-charge engagement benefits both suspects and investigators by streamlining the investigative process, reducing unnecessary delays, and narrowing the focus to relevant evidence.

This approach not only minimises costs but also reduces stress for all parties involved by resolving cases early. For suspects who maintain their innocence, it provides an opportunity to present critical evidence that may prevent unwarranted charges altogether.

How Can Clifford Johnston & Co Help?

At Clifford Johnston & Co., we provide expert guidance and representation during pre-charge engagement. Our proactive approach includes:

1. Establishing Dialogue: We initiate contact with investigators, ensuring a collaborative and productive process.
2. Gathering Defence Evidence: Presenting evidence that supports your case, such as communications, CCTV footage, or medical records.
3. Making Representations Against Charge: Advocating that the case does not meet the CPS’s evidential or public interest tests.
4. Ensuring Fair Disclosure: Requesting relevant unused material to ensure transparency in the investigation.

Throughout the process, we ensure that discussions are fair, and that investigators and prosecutors do not mislead suspects regarding the strength of the prosecution’s case.

Is Pre-Charge Engagement Right for You?

Pre-charge engagement may be appropriate for individuals who have evidence which could clear their name and/or for those who wish to cooperate with the investigation to avoid unwarranted charges. It can also be useful in cases where resolving key disputes early could have a significant impact on the course of the investigation.

At Clifford Johnston & Co., our solicitors carefully evaluate each case to determine whether pre-charge engagement is the right strategy for your defence.

Further Considerations

Pre-charge engagement does not replace formal interviews under caution. If new evidence emerges during the process, investigators may need to pause the engagement and conduct additional interviews. This ensures that all material is properly addressed within the formal investigative framework.

Additionally, all pre-charge engagement discussions must be carefully documented. Investigators and prosecutors are required to maintain a full written and signed record of actions taken, evidence disclosed, and information provided. This ensures accountability and transparency throughout the process.

Why Choose Clifford Johnston & Co.?

With over 30 years of experience in criminal defence, our team is recognised for its proactive and results-driven approach. We have helped countless clients avoid prosecution by utilising pre-charge engagement effectively. Our accreditations, including the Law Society Criminal Litigation Accreditation, underscore our commitment to delivering exceptional legal services.

Frequently Asked Questions