Pre-charge Engagement

Our pre-charge engagement solicitors offer:

• 24/7 legal support in person and over the phone, 365 days a year
• Representation anywhere in England or Wales
• Accredited Police Station Representatives to support you during a police interview
• Clear, effective legal advice in any language (see our languages spoken)

So, if you have been interviewed under caution and are concerned about your current legal position and the prospect of conviction, please get in touch with our specialist pre-charge engagement solicitors as soon as possible to discuss your situation.

Speak to our pre-charge engagement lawyers in London now

For a free initial consultation on your legal position and the available options, please call 0207 624 7771.

For urgent advice at any time of day or night, please call our Emergency Number 07836 577 556.

You can also email: solicitors@jdspicer.co.uk or fill out our quick online enquiry form and we will get back to you quickly.

Why choose JD Spicer Zeb’s pre-charge engagement solicitors in London?

No matter what your circumstances are or what offence you are potentially being charged with, it is essential that you receive the right advice from our specialist pre-charge engagement solicitors at the earliest opportunity.

Whether the police have instigated pre-charge engagement, or it would be in your best interests to instigate it yourself, our dedicated solicitors will be ready to represent you during the following proceedings.

We will guide you through the process with clear straightforward advice, that helps you to clearly understand your situation, options, and the possible outcome of the case.

While doing so, we will also work proactively to maintain contact with investigating officers, establishing the full case against you so that we can build the strongest possible defence case.

JD Spicer Zeb pre-charge engagement solicitors will liaise with prosecuting authorities on your behalf. Their primary aim is to bring your case to an early conclusion, saving you the unnecessary stress, trauma, and cost of court proceedings.

During this stage, our team can highlight evidence that is relevant to your defence to the CPS, providing access to various lines of enquiry and evidence that serve to support your case. Where required, we can also make submissions in respect of expert evidence that will be of probative value to the case.

As a testament to our strong commitment to client care and focus, much of our work comes from referrals and recommendations from clients who have been satisfied with our legal services.

Common questions about pre-charge engagement

What is pre-charge engagement?

Pre-charge engagement will refer to any voluntary engagement between parties that are involved in a criminal investigation, following the first interview under caution and before a suspect is formally charged. Pre-charge engagement will typically involve:

• Providing a suspect with the opportunity to comment on further lines of enquiry
• Establishing whether a suspect is capable of identifying other lines of enquiry
• Asking a suspect if they can provide access to digital material that is relevant to the allegations
• Discussing ways of overcoming barriers to obtaining evidence
• Agreeing to key word searches of digital material
• Obtaining content to access medical records
• The suspect identifying and providing contact details of any potential witnesses
• Clarifying whether any expert or forensic evidence is agreed and, if not, whether the suspect’s representatives intend to instruct their own expert

Notably, Annex B of the Attorney General’s Guidelines on Disclosure outlines that pre-charge engagement may ‘impact decisions as to charge’. This means that any actions taken during pre-charge engagement could be sufficient for a case to be dropped and for a defendant to avoid charges.

When would pre-charge engagement take place?

Pre-charge engagement will usually take place whenever it is agreed between the relevant parties that it will assist the investigation. It must be emphasised that the importance of seeking legal counsel prior to pre-charge engagement is critical and sufficient time will usually be provided to a defendant to obtain legal advice.

It is not appropriate for every case, however. It should not be used as a replacement for a further interview under caution, nor should it be used in circumstances where the investigator and prosecutor seek to rely on the contents of answers for evidence at trial.

If a no comment interview has taken place, this will not preclude the possibility of pre-charge engagement taking place.

What are the benefits to pre-charge engagement?

There are a number of potential benefits to pre-charge engagement, many of which are detailed in Annex B.

These benefits include:

• A suspect who maintains their innocence is aided by the earlier identification of lines of enquiry. These lines of enquiry may point away from the suspect or towards another suspect.
• It can help the prosecutor’s final charging decision – it can avoid a case being charged that would otherwise be stopped later, saving time.
• Issues and disputes can be narrowed down so that unnecessary enquiries can be avoided and the case can be efficiently managed
• Early resolution of a case reduces anxiety for suspects and complainants.
• Costs are reduced.

Who can initiate pre-charge engagement?

Depending on the circumstances, it may be appropriate for an investigator, the prosecutor, a suspect’s representative or an unrepresented suspect to initiate pre-charge engagement.

How does pre-charge engagement work?

Initial dialogue between prosecutor and investigator

When referring a case to a prosecutor, the investigator should inform whether any pre-charge engagement has already taken place or whether it would benefit a case.

Prosecutors and investigators are required to be alert to the use of pre-charge engagement as a means to delay an investigation. For example, pre-charge engagement cannot be used to provide a suspect with the opportunity to make ‘unfounded’ allegations against a complainant.

Information on pre-charge engagement

Before or after the interview, the investigator should provide information on pre-charge engagement to the suspect and/or their representative. This can be explained orally or in writing and should include an explanation of the aims and benefits of the process, as well as relevant time scales and a police point of contact.

Conducting pre-charge engagement

Pre-charge engagement discussions can take place in a face-to-face setting or via correspondence. It does not need to always be a formal process and could be initiated after an interview.

Disclosure during pre-charge engagement 

The disclosure of any unused material forms part of the pre-charge engagement process. This is done to ensure that the discussions are considered fair and a suspect is aware of the strength of the prosecution case.

Recording pre-charge engagement discussions

A full written, signed record of the pre-charge engagement discussions should be made. Prosecutors and/or investigators are also required to record key actions during the process, and a record needs to be made of all information provided by a suspect’s representative.

The prosecutor may be required to disclose information provided by a suspect’s representatives to another party. Records should be made of all information and material provided to the suspect’s representative, and the prosecutor and investigator need to ensure that records of the pre-charge engagement are provided to each other.

Contact our pre-charge engagement solicitors today

For urgent specialist advice, immediate representation, or to speak to us confidentially about pre-charge engagement, please do not hesitate to get in touch with our specialist criminal defence solicitors.

You can contact a member of our dedicated team of criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

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

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.

24/7 criminal defence lawyers & police station representatives

Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice related to pre-charge engagement.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number 07836 577 556.