Being investigated does not mean being charged. This is the stage where that is decided.
The period between investigation and charge is the most critical and the most overlooked. We engage with investigators, attend interviews, challenge bail, and make representations to the CPS — to stop a charge before it is brought.
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Pre-charge representation — the key facts
Decisions taken by police and prosecutors before any charge directly determine whether a case proceeds at all, and on what basis. Most people wait until they are charged to instruct a solicitor. By then the most valuable window has closed.
- Not everyone investigated is chargedThe CPS applies the Full Code Test: a realistic prospect of conviction, and prosecution being in the public interest. Both limbs can be argued against, before a decision is made.
- Pre-charge engagement is a formal routeThe CPS scheme allows defence solicitors to make representations before any charging decision. Used properly, it puts your account in front of the decision-maker at the right moment.
- Released under investigation is not overRUI means no bail conditions but an ongoing investigation, sometimes for many months. It needs actively managing, not waiting out.
- Bail conditions can be challengedPre-charge bail can restrict where you go and who you contact for months. Conditions can be reviewed, varied or removed.
- A charge is not the only outcomeCautions, community resolutions and other out-of-court disposals may be available and may be far better for you than a contested prosecution.
The earlier we act, the more there is to act on
Once a charge is brought, positions harden, disclosure schedules are set, and the argument shifts from whether to prosecute to how to defend.
Before that point, everything is still open. Evidence can be pointed out that the investigators have not gathered. Accounts can be given in a form that closes lines of enquiry rather than opening them. Public interest arguments can be made while they still have somewhere to land.
Whether you have been arrested, had a letter, or simply been told you are under investigation.
We establish what is actually alleged, what stage the investigation has reached, and what is being sought.
For interview, or for the representations that go to the CPS. What you say, and what you do not, is planned rather than improvised.
Investigations drift. We maintain pressure for a decision, and argue for no further action.
Police interviews under caution
What you say, or do not say, in a police interview shapes the entire case. It is read back to you in court months later, and inferences can be drawn from silence in some circumstances but not others. That judgement is not one to make alone in a police station.
We prepare you thoroughly, attend with you, and make sure your account is given in the way that best protects your position. Representation at the police station is a right, and it is the cheapest intervention available in the whole process.
Pre-charge engagement and CPS representations
The CPS applies the Full Code Test before charging: whether there is a realistic prospect of conviction, and whether prosecution is in the public interest. Both limbs can be undermined with targeted written representations.
We use the pre-charge engagement scheme to put your account, and the evidence supporting it, in front of the decision-maker before the decision is taken rather than after.
Bail, RUI, and the file itself
Pre-charge bail conditions can impose serious restrictions for months. We challenge them, attend reviews, and apply to vary or remove what is unreasonable.
Where you are released under investigation, we monitor the case, keep contact with the officer, and press for resolution. We also scrutinise whether the file meets the National File Standard, and identify where the evidence falls short of the threshold the CPS requires.
Being investigated does not guarantee a charge. Early intervention is often the difference between a conviction and a case that quietly ends.
Lostock Legal SolicitorsWhat we do at the pre-charge stage
- Attend voluntary and police station interviews with you, fully prepared
- Engage directly with the officer in the case to establish what is actually alleged
- Make written representations to the CPS against both limbs of the Full Code Test
- Use the pre-charge engagement scheme to put your account before the decision-maker
- Challenge, vary or remove unreasonable pre-charge bail conditions
- Monitor RUI cases actively and press for a decision rather than waiting
- Scrutinise the police file against the National File Standard and identify deficiencies
- Advise on out-of-court disposals where they are the better outcome for you
We respond within 1 hour during business hours. All enquiries strictly confidential.
The practical reasons this goes better with us
Beyond the specialism, two things change the economics of defending a case like this.
Our own in-house advocates
We represent you at every stage ourselves, including in the Crown Court, rather than briefing out to counsel. That keeps your costs down and means the person who knows your case is the person who argues it.
Privately funded, by design
We are not a legal aid practice carrying a heavy caseload to stay afloat. Your matter gets the time a specialist defence actually needs.
Specialist, not general practice
Criminal defence and regulatory work is what we do. Not one department among a dozen.
Pre-charge work, in detail
Every investigation is different. These are the points at which our involvement changes what happens next.
Police interviews under caution
Prepared, attended, and planned — not improvised in a police station.
Released under investigation
Actively managed and pushed towards a decision rather than left to drift.
Pre-charge police bail
Conditions challenged, reviewed, varied or removed.
Pre-charge engagement
Formal representations to the CPS before any charging decision.
Charging guidance
Targeted argument against the realistic prospect and public interest limbs.
Supporting a loved one
Clear explanation of the process for families, and how best to help.
The solicitor acting for you
Alexander
Director · Solicitor · Higher Court Advocate
- Director of the firm
- Qualified Solicitor
- Higher Court Advocate
- Crown Court jury trial advocate
Alexander is a Director of the firm, a qualified Solicitor and Higher Court Advocate. For many years he was an advocate in the Crown Court, acting for clients in jury trials, and he has acted in some of the most serious cases there are.
That courtroom experience is what makes it possible to see where a prosecution case is weakest, and to argue it before positions harden. It is also why we can represent you at every stage ourselves rather than briefing out.
He also understands the value of being approachable. He takes the time to explain each stage, so that the process itself stops being one more thing to worry about.
Talk to us today. No obligation.
Whether you have been arrested, received a police letter, or are simply aware that you are under investigation — the earlier you speak to us, the more we can do.
- Strictly confidential — nothing leaves our office without your authority
- No obligation to instruct us
- You speak to a specialist solicitor, not a call handler
- We respond within 1 hour during business hours
Phone 0161 383 8855
Email admin@lostocklegal.com
Address Office 6, First Floor, St Thomas House, 18 St Thomas Road, Chorley PR7 1HR
Send us a message
Rated 5.0 from 42 reviews
★★★★★
Incredibly professional and very helpful in answering all my questions.
Umar N. · Google review
★★★★★
He went out of his way to ensure I was well informed and updated throughout, clearly explaining every step.
Rory M. · Google review
★★★★★
Super supportive throughout the whole process. I can't thank these guys enough.
George S. · Google review
Pre-charge: your questions
I have not been charged. Do I really need a solicitor now?
This is the stage where a solicitor makes the most difference and it is the stage most people skip. Before a charge, the decision is still open and can be argued against. After a charge, the argument becomes about defending a prosecution that has already been commenced. The cost of early advice is almost always lower than the cost of the alternative.
What does released under investigation actually mean?
You have been released without bail conditions, but the investigation continues. There is no automatic time limit, and cases can run for many months. It does not mean the matter is over, and it is not something to simply wait out — we keep contact with the officer in the case and press for a decision.
Can I get my bail conditions changed?
Often, yes. Pre-charge bail conditions must be necessary and proportionate. Where they are not, or where circumstances have changed, they can be reviewed, varied or removed. We make those applications and attend bail reviews.
Should I answer questions in interview or go no comment?
There is no single right answer, and anyone who gives you one without seeing the disclosure is guessing. Adverse inferences can be drawn from silence in some circumstances. The decision depends on what the police have disclosed, what is actually alleged, and what your account is. That is precisely why the preparation beforehand matters more than the interview itself.
Can a case really be stopped before charge?
Yes. Not every investigation results in a charge, and representations made before the decision are considered by someone who has not yet committed to a position. Where the evidence does not meet the realistic prospect test, or prosecution is not in the public interest, that case can be made — but it has to actually be made.
Should I just use legal aid instead?
Representation at the police station is free of charge regardless. Beyond that, if your gross income is above roughly £12,475 a year you will not qualify in the magistrates' court, and Crown Court legal aid is means tested with contributions that can exceed private fees. Because we have our own in-house advocates covering every stage including the Crown Court, our fees are often lower than people expect.
How quickly will you respond?
Within 1 hour during business hours. If you have an interview listed or are at a police station now, call rather than emailing — those are dealt with immediately.
Is everything I tell you confidential?
Yes. Every enquiry is handled in strict confidence and nothing leaves our office without your authority, whether or not you go on to instruct us.
The decision has not been made yet
That is the whole point of acting now. Confidential, no obligation, and we will tell you honestly what can and cannot be done.
We respond within 1 hour during business hours. All enquiries strictly confidential.