What Pre-Charge Engagement Involves
The process is flexible and can take place by correspondence or at face-to-face meetings with the officer in the case. Common actions include identifying witnesses and providing their details to the police so they can be interviewed before memories fade; agreeing with investigators on the keyword parameters or date ranges to be used in digital forensic examinations; establishing whether forensic evidence is agreed or requires independent challenge; and providing the suspect with an opportunity to respond to significant new material before the file is submitted to the CPS.
Why Pre-Charge Engagement Matters
For anyone subject to a criminal investigation, the period between a police interview and a charging decision is often marked by significant personal and professional uncertainty. Pre-charge engagement is the principal mechanism by which a defence solicitor can take an active role in that period. Effective engagement can result in the case being dropped before a charge is ever considered — where the evidence is weak, where there are significant lines of enquiry that have not been pursued, or where prosecution is clearly not in the public interest.
PCE and the National File Standard
Any explanation or information provided by the defence through pre-charge engagement must be addressed in the National File submitted to the CPS. Investigators cannot ignore representations made by the defence solicitor — they are required to outline the defence case, including any points raised through engagement, in the material presented to the prosecutor. This gives pre-charge engagement real procedural weight that goes beyond informal persuasion.
The Formal Record
Every key action taken as part of the pre-charge engagement process must be recorded in a signed document maintained jointly by the investigator and the defence. This formal record ensures that any representations made are acknowledged and considered, and provides a transparent account of the engagement that the CPS will have access to when making its charging decision.
What to Do if You Have Been Interviewed
If you have been interviewed by the police and are awaiting the outcome of the investigation — whether on pre-charge bail or Released Under Investigation — the period before the charging decision is the most effective time to act. Instructing a solicitor to initiate pre-charge engagement allows representations to be made, witnesses to be identified, and evidence to be gathered while it is still available.