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Pre Charge Advice

Pre-charge engagement is a voluntary process, formally entered into by the parties to an investigation (suspect, police and prosecution) following the initial interview under caution and before any charge(s).

The Attorney General’s Office highlighted the following, non-exhaustive, list of the benefits of pre-charge Engagement:

  • Suspects who maintain their innocence will be aided by early identification of lines of inquiry which may lead to evidence or material that points away from the suspect or points towards another suspect
  • Pre-charge engagement can help inform a prosecutor’s charging decision. It might avoid a case being charged that would otherwise be stopped later in proceedings, when further information becomes available
  • The issues in dispute may be narrowed, so that unnecessary inquiries are not pursued, and if a case is charged and proceeds to trial, it can be managed more efficiently
  • Early resolution of a case may reduce anxiety and uncertainty for suspects and complainants
  • The cost of the matter to the criminal justice system may be reduced, including potentially avoiding or mitigating the cost of criminal proceedings

Early and meaningful pre-charge engagement is clearly advantageous to anyone facing a criminal investigation. We have advised a growing list of clients in pre-charge matters, with many cases being concluded promptly and resulting in no charge.

How we can help

Our private pre-charge advice and representation includes, but is not limited to:

  • Assuming all direct communication with the relevant authorities and facilitating communication to protect your wellbeing
  • Securing a suitable date/time/location, to the satisfaction of all parties, for the interview under caution to take place
  • Obtaining detailed pre-interview disclosure from the police so you can properly understand the evidence and case against you
  • Thorough preparation of your case and detailed advice in advance of the interview under caution so that you feel fully prepared and supported
  • Identifying early lines of inquiry for pre-charge engagement to expedite the process.
  • Attending the police station to represent you for the interview under caution to ensure that your basic and legal rights are protected throughout, including any further interviews
  • Entering into formal pre-charge engagement with the police and proactively defending you thereafter, for example, identifying important lines of enquiry, gathering, preserving and reviewing evidence, speaking with witnesses, obtaining third party material and instructing defence experts on your behalf
  • Submitting robust pre-charge written defence representations against charge to be carefully considered by police or CPS
  • Regular contact and support throughout your case, including face to face and video conferences, at your convenience
We can help at any stage of the police investigation; whether you are currently under investigation following arrest and interview, have been invited to a voluntary interview by police or are awaiting a charging decision.
 
 For more information on any of the above click here, or if you have been requested to attend an interview or have notification of court proceedings, please contact us today.

Contact the team

Telephone: 020 7734 9700

Raymond Shaw Raymond Shaw
Senior Partner
r.shaw@sgkllp.com
ChloĆ© Hingley Chloé Hingley
Consultant Solicitor
c.hingley@sgkllp.com
Madeleine Corr Madeleine Corr
Partner
m.corr@sgkllp.com
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