The Power of Written Representations in Sexual Offence cases

Over the past years, JD Spicer Zeb Solicitors has earnt a strong reputation for successfully defending those accused of rape and other sexual offences.

One of the reasons why JD Spicer Zeb has had such success is because of the tactical use of written representations, an important tool in pre-charge engagement that can result in charges being significantly reduced or even cases being dropped altogether.

The role of written representations in rape and sexual offences

Written representations are made by defence solicitors like JD Spicer Zeb, to the Crown Prosecution Service (CPS) and the Police. Such representations can play a key role in impacting the outcome of a case, often before formal charges are made.

These written representations allow solicitors to provide an in depth account of the suspect’s version of events as well as their circumstances, identify possible flaws in the prosecution's case, and highlight evidence that may have been overlooked by investigators.

The efficiency of written representations lies in their ability to portray a coherent defence that may encourage the CPS or Police to review their decision to prosecute and reconsider whether there is enough evidence to proceed with the charges.

As the Crown Prosecution Service's Code for Crown Prosecutors states, the decision to charge an individual is based on two criteria. Firstly, whether there is sufficient evidence to provide a realistic prospect of conviction, and secondly, whether a prosecution is deemed to be within the public interest. Written representations that address these criteria can be pivotal in convincing the authorities to drop a case before it reaches Court.

Additionally, the government's Rape and Serious Sexual Offences (RASSO) strategy, which seeks to ensure that allegations of a sexual nature are taken seriously while maintaining fairness to the accused, provides guidance on the handling of cases.

The Policy stresses the importance of careful, thorough investigations and the early engagement of legal professionals, which can help ensure that the evidence is properly evaluated on both sides from the outset.

The benefits of written representations in rape and sexual offences

Making written representations to the CPS is a powerful pre-charge engagement instrument that enables the defence to establish its position in a structured and convincing manner. These representations can outline critical information, such as the following:

1. The suspect's account: Providing a detailed and coherent narrative that can help explain the events in question and counter any assertions made by the alleged victim.
2. The suspect’s circumstances: When a suspect is suffering from severe mental health problems and is arguably not fit to stand trial, the Defence can encourage the CPS to review their decision to prosecute, evidencing that the accused requires medical intervention rather than rehabilitation.
3. Exculpatory evidence: Drawing attention to evidence that may have been overlooked by the prosecutor which supports the suspect’s innocence such as, alibis, CCTV footage, and witness testimonies.
4. Legal arguments: Challenging the prosecution’s case by pointing out inconsistencies in the evidence that could undermine its credibility and encouraging the prosecution to look at the wording of the statute in question, highlighting any potential oversight.

This proactive engagement with the CPS and police can often lead to more favourable outcomes for the accused such as, quicker resolutions, preventing charges from being brought, out of Court disposal alternatives being offered or even cases being discontinued.

The Importance of Specialist Representation in rape and sexual offences

When it comes to defending individuals accused of rape and sexual offences, it is essential to instruct specialist legal representation. Non-specialist solicitors, while competent, may lack the nuanced understanding of the complex issues involved in these types of cases. Non-specialist solicitors might also miss critical points to explore during police interviews, leading to mistakes in the preparation of a suspect’s case and how the evidence is handled.

In rape and sexual offence cases, it is not uncommon for suspects to provide statements that may inadvertently be misunderstood or used against them if not adequately delivered. A non-specialist solicitor may fail to notice the potential pitfalls in a suspect’s interview or may neglect to raise important lines of enquiry that could support the defence.

A specialist sexual offences solicitor like JD Spicer Zeb, however, will approach the case with a deep understanding of both the investigative process and the law. We will meticulously review the case file, including the notes from previous interviews, and look for any lines of enquiry that could assist in the formulation of a defence. This includes identifying discrepancies, requesting additional evidence, and ensuring that the suspect's side of the story is clearly articulated in a way that maximises its credibility.

Moreover, at JD Spicer Zeb, we are well-versed in the intricacies of the CPS’s charging decisions and the RASSO policy, allowing us to effectively navigate the complexities of rape and sexual offence cases. We are experienced at using written representations to persuade the authorities that there is insufficient evidence to proceed with charges.

The risks of non-specialist representation in rape and sexual offences

On the contrary, being represented by a non-specialist solicitor can expose the suspect to a higher risk of facing charges. For example, during police interviews, a non-specialist lawyer may not be able to adequately challenge aggressive lines of questioning or advise the suspect on the most effective way to portray their defence. Without adequate legal guidance, innocent individuals might accidentally incriminate themselves, making it harder for their case to be dropped or dismissed.

Furthermore, non-specialist solicitors may not have the experience or expertise to identify the strongest line of defence. Issues regarding witness credibility, evidential integrity or legitimate Police procedure may be overlooked. As a result, cases that could have otherwise avoided going to trial with the right legal advice and proactive engagement with the CPS could end up in Court.

Contact our specialist rape and sexual offence solicitors today

JD Spicer Zeb Solicitors' extensive success in defending clients against rape and sexual offence allegations demonstrates the substantial advantages of instructing specialist legal representation, particularly when combined with the tactical use of written representations.

By effectively establishing a client's defence early on in the process, written representations can result in charges being reduced or even cases being discontinued,  saving clients from the stresses, costs, and potential harms of a criminal trial.

Rape and sexual offences are very serious allegations, and acquiring expert legal advice is vital to ensuring a just and fair outcome. For those facing such accusations, working with a solicitor who understands the complexities of the offence and investigative procedures, is not only beneficial to the client but is also essential in safeguarding their rights and achieving the best possible outcome.

For urgent specialist advice, immediate representation or to speak to us confidentially about a serious sexual offence case, please do not hesitate to contact our dedicated team of serious sexual offence lawyers in London, Birmingham or Manchester on telephone:

• Brent & Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 - our senior Solicitors and Partners can meet by appointment in the City.

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form and we will get back to you as soon as possible.

In urgent cases

In the urgent case that you are arrested or are required to return to a police station, be sure to call our sexual offence solicitors for immediate representation and advice on either our office telephone number or our emergency number: 07836 577 556 and we will provide you with all the legal assistance you need.