Pre-Charge Engagement

Pre-Charge Engagement 

Being under investigation can be incredibly unsettling, even if you have not been formally charged. At Lostock Legal we assist you with pre charge engagement that could ultimately prevent any charges from being brought against you, saving you time, money and most importantly, the stress of having to attend court. 

What Is Pre-Charge Engagement?

Pre-Charge Engagement takes place after your first interview under caution but before any formal charges are brought. This is right in the early stages of a criminal investigation which presents a critical window for work to be done. 

Pre-Charge Engagement allows the defence and the police/prosecution to engage and work together in order to assess the available evidence and provide further information that may assist the police in reaching a charging decision.

Pre-Charge Engagement is voluntarily and may not be relevant in all cases. The defence and the police must agree to engage with each other. 

Examples of Pre-Charge Engagement

Providing lines of enquiry: Can you identify a further line of enquiry that will assist the police in their investigation, and in turn, assist your account and defence. We can identify potential witnesses and submit their statements to the police. 

Providing Digital Material: Occasionally suspects will have their own material which assists their defence. This could include photographs, videos, CCTV or even social media posts. Exhibiting this evidence properly and providing it to the police with accompanying statements can be favourable to your case. 

Commenting on the Police Case: Suspects can be given the opportunity to review police evidence as the case progresses and provide comments on this. This can be done by way of an additional police interview, or by written statements. Providing an account early on can prevent the police from charging on a false assumption.

Making Representations on Charge: We can formulate written submissions to the police and prosecution to indicate where a case does not meet the Public Interest Test or the Crown Prosecution Service Charging Standards. We can also highlight flaws in the prosecution evidence that would suggest that there is no realistic prospect of conviction in your case. 

Making Representations on an Alternative Disposal Method: It may be the case that you are guilty of the offence for which you are being accused of, and that there is sufficient evidence of the same. In less serious offences, the police have the capability of resolving your matter outside of court, by way of an Out of Court Disposal. This could be by way of a Community Resolution or a Police Caution. In some cases, it may be necessary for written representations to be made to the police or prosecution to encourage them to make the decision to divert your case from the courts. 

Recent Cases Our Solicitors Have Dealt With

R v T – T was accused of historical rapes and assaults against a former partner. During his initial police station interview, T disclosed that he was in fact the victim of domestic violence and coercive and controlling behaviour at the hands of his ex. T had over 8 hours of covert video footage which had been recorded years prior. This footage was meticulously considered and provided to the police as part of Pre-Charge Engagement to corroborate his account that he was in fact the victim, not the perpetrator. After consultation with the Crown Prosecution Service, no charges were brought against T.

R v D – D was accused of Possession with Intent to Supply Class B Drugs, namely Cannabis after she was found with over £5,000 worth of Cannabis  in the boot of her vehicle. D was interviewed where she informed police that the Cannabis was bought in bulk for personal use due to her serious health conditions causing extreme pain. As part of Pre-Charge Engagement, we accessed her medical records and provided police with proof of her many ailments and a note from the doctor’s record that confirmed that D had started to use Cannabis medicinally. Access to D’s mobile phone was also provided to police to assist her assertion that she was not involved in drug supply. Ultimately, the police and the prosecution accepted D’s account, and she was only charged with a simple possession offence. 

Get in Touch Today

If you are currently subject to a criminal investigation and wish to see whether Pre-Charge Engagement would be beneficial in your case, then schedule a free consultation with our team by calling us on 0161 383 8855 or by emailing admin@lostocklegal.com.