Pre-Charge Representation: Why It’s Crucial to Your Defence

What Is Pre-Charge Representation?

Pre charge representation is a proactive strategy enabling individuals to avoid formal criminal charges. It allows those who are under investigation for any criminal offence or regulatory misconduct, to frontload their defence, within the early stages. Pre charge representation plays a pivotal role within the criminal justice system. By offering early legal intervention, it allows individuals to put their best foot forward and 'attack' the case against them, whilst the case against them is at its' weakest.

Pre charge representation helps client's and their family members to avoid unnecessary stress and reputational damage. For many professionals, to receive a formal criminal charge could be devastating, and ultimately life-changing for their careers. At Lex Vindico Group, our skilled lawyers help clients avoid potential court proceedings by maximising chances of avoiding criminal charges, early on.

Pre charge representation can be utilised by any individual or company facing an investigation. For clients who feel that they could reasonably answer questions relating to the 'evidence against them', and would like to be given an opportunity to address any public interest points, to avoid criminal charges, such as stress, anxiety, mental health, loss of employment etc, pre charge representations gives those clients a chance to scrutinise the police's evidence, and ultimately avoid criminal charges. Pre charge representations are written representations which are sent to, and considered by the prosecuting authorities reviewing lawyer, before they determine formal charges. Legal guidance at this early stage could influence the prosecutors charging decision prompting a successful outcome.

Why Is the Pre-Charge Stage So Important?

The pre charge stage is important as it's the time of the investigation where the police work to compile a file, which they then send on to the prosecuting authority, in many cases that is the Crown Prosecution Service CPS. Whilst a client is 'released under investigation, or granted 'conditional bail' by the police, the investigation against them continues behind closed doors.

The police conduct reasonable lines of enquiries to prove, or disprove the allegations. These may include obtaining witness statements and obtaining CCTV footage. More recently, the police collect evidence through digital data via electronic devices such as mobile phones, laptops, computers, and any other device capable of storing digital data. This has made criminal defence a lot more nuanced in recent times, as the police try to withhold information recovered from devices in some instances. In some cases, the reason for the delay in the investigation is due to the backlog suffered from the digital devices being forensically analysed. Such devices are usually forensically analysed off-site and away from the police station.

It is a stressful time for a client to do 'nothing' other than 'wait' during the investigation stage. Early legal intervention gives clients a chance to apply  a similar approach, to that of the CPS, except it is intended to refute any evidence and provide lines of enquiries leading towards their innocence. Whilst some 'duty solicitors' may advise clients to wait until charges are decided, our specialist criminal defence solicitors can shape the direction of an investigation with proven methods in pre charge representation. In doing so, we can:-

• Avoid criminal charges
• Avoid regulatory disciplinary action
• Save your reputation
• Reduce your time under investigation
• Frontload your defence case

The Role of Specialist Criminal Defence Solicitors in Pre-Charge Representation

Pre charge advice is a specialist area in criminal defence. Though more lawyers are now offering the service of pre charge engagement, there are particular nuances that are often overlooked and can be detrimental to a client's case, especially when applying 'general defence knowledge' to pre charge. Our law firm's pre charge experience has proven to be effective in avoiding criminal prosecution and restoring peace into client's lives.

At Lex Vindico Group, our expert criminal defence solicitors have years of knowledge and significant experience within pre charge engagement and have successfully represented many individuals facing serious investigations. As we defend and privately prosecute matters, we bring a unique perspective when compiling your bundle of pre charge representations.

We gather your evidence on the same premise as the prosecuting authority and make representations upon the very same test within the Code for Crown Prosecutors. Our knowledge in prosecuting makes us specialists within the pre charge remit, as we understand exactly the the prosecuting authority require to charge an individual, and even what they require to keep the said individual charged with criminal offences.

Lex Vindico Group's specialist criminal defence solicitors would investigate your matter, and collate evidence for you, based on the Full Code Test:

1. Is there sufficient evidence, such that there is a realistic prospect of conviction?
2. Is there public interest in prosecution?

Our expert lawyers can apply this forward-thinking, proactive defence to your case, from the stage an individual feels that they are under investigation. Pre charge representations gives the client the comfort of doing all in their power, to avoid criminal charges. It is easier to avoid charges, than to fight reactively at Court. At Court, the prosecution case would be at its strongest, with all resources and funds already being invested into the case against an individual.

How Does Pre-Charge Representation Work?

What Happens During a Police Investigation?

1. A police investigation starts when a crime has been reported, or someone has been suspected of having some involvement in a criminal offence. The police's role is to investigate the matter fairly and impartially.
2. During investigation, the police can interview you under caution voluntarily at the station, or even under arrest. The Police and Criminal Evidence Act 1984 (PACE) allows the police certain powers to exert whilst conducting their public duties.
3. It is important for you to seek independent legal advice from an expert in pre charge defence, as anything you say or do at the investigation stage can impact the investigation.
4. After the police interview, you will either be released under investigation, or you will be granted conditional bail. Any conditions attached to your bail at this stage is simply on the principle of necessity. Harsh conditions of bail can be argued against by your lawyers.
5. Whilst you get back to your daily life, the investigation into you continues. The police test any account that you may have provided as well as pursuing new lines of investigation that may assist them.
6. Following the police interview, they may invite you for further interviews under caution on a voluntary basis at the police station. This may be due to the fact that the 'devices' have now been returned and fully examined. The police may have questions for you relating to any digital material examined.
7. When all lines of enquiry have been completed by the police, they will conclude their investigation file. They will then send the complete file to a CPS hub, and your matter would be assigned to a qualified lawyer, to assess whether there is sufficient evidence and public interest.

What Is Pre-Charge Engagement?

Pre charge engagement is the voluntary process of engagement between criminal defence lawyers and the prosecuting authorities before any formal charges are laid. The aim of pre charge engagement is to avoid formal charges by clarifying evidence early on, identifying lines of enquiry leading to the client's account (innocence) and promoting a swift resolution to the case. This collaborative process is beneficial to both defence and prosecution.

The Attorney General's guidelines on disclosure 2024, outline the importance of pre charge engagement. Pre charge engagement is required to align with legal standards and public interest considerations. Its role in criminal procedure is to lead to more informed charging decisions. The alternative is that every individual is charged, and if they're guilty, then the 'jury' or the 'court' would acquit them down the line. In certain cases, blanket charging decisions need to be avoided at all costs. For example, in sexual offences, there is parliamentary pressure to increase 'charges' and 'convictions' as per the End to End Review 2024. Pre charge engagement helps level the playing field and to avoid such prosecutorial decisions based solely on public interest considerations.

The prosecution benefits from pre charge engagement as criminal defence lawyers help them identify weaknesses in cases early on. This prevents certain cases from going forward to Court. In turn, the prosecution can then apply those resources and public funds to other cases, which are more serious and cases where the evidence may be stronger. This ultimately reduces the burden of the criminal justice system.

The defence benefit from pre charge engagement as its a forward-thinking and proactive approach to help their client's avoid criminal prosecution. This route of advocacy puts the prosecution to strict proof early on, and saves clients from battling for their livelihood and freedom at court. This is particularly important for those client's in professional positions in which a criminal charge, can have a life-changing impact. Such voluntary engagement through pre charge representations is paramount as it can influence the direction of the next stages of clients lives.

Pre charge legal representation does not only increase your chances at avoiding formal charges, it also empowers you to ensure that the police have conducted the investigation fairly and properly according to PACE. Where the police have faltered, we use procedural irregularities against them early on, in aid of saving client's from the stress of criminal charges and court disposal.

Often times, you will be offered a lawyer at the police station, and one can be provided for you before an interview under caution. That lawyer would be on 'duty' acting for a 'legal aid firm', rather than a specialist pre charge engagement solicitor. We can represent you in any interview under caution, whether a voluntary interview or under arrest.

Key Steps in Pre-Charge Representation

Pre charge representations are available to any individual under investigation. Given that they are served at the conclusion of the investigation, the process of pre charge engagement can begin at any stage before a decision is reached. We are often instructed by client's who may have already been interviewed under caution, with different legal representation.

We liaise with the police and ask questions regarding the evidence against our client. Once we have a grasp of the police's evidence, and their lines of enquiry, we arrange to have a private consultation with our client, at a location and time convenient to them. We will then put together a proactive defence strategy, and begin collecting defence evidence. We maintain contact with the police and prosecuting authorities on our client's behalf. This helps reduce any stress of the police's unwanted contact.

Our pre charge representation bundle may include, alternative explanations to the police evidence, potential witness statements, expert evidence (whether forensic evidence or medical records) and alternative lines of enquiry which the police have not yet pursued, but if they do, then it may assist the defence case. In some criminal cases, we analyse biometric data, and request for the raw download of digital material (for our experts). In cases involving mobile phone data, we suggest 'key word searches' to assist the police in their investigation, and to keep the police's search restricted. With our representations, we can seek an early resolution and help prevent the police from finding other reasons to charge our clients.

When the investigation concludes, the police send their investigation file to the crown prosecution service. The reviewing lawyer assesses whether there is sufficient evidence and public interest. It is at that stage that we present evidence from defence, via written representations. By preparing representations against the very same code that prosecutors apply, helps us overcome barriers other legal teams may oversee.

The Crown Prosecution Service CPS could either then return the file of evidence and instruct the police to conduct further lines of investigation by requesting further evidence, or, the CPS could make a decision upon formal charges. The CPS have the ability to:-

• Register formal criminal charges to be answered at Court
• Consider out of court disposals
• Take No Further Action

Our leading firm can assist criminal investigations through the benefit of pre charge engagement and pre charge advice. The pre charge engagement stage starts before the police station first interview. The vast majority of individuals will be unaware, but they have an opportunity to positively influence the decision that the prosecution will ultimately make. It all starts with proactive action today.

Who Benefits Most from Pre-Charge Representation?

• High-net-worth individuals, company directors, company executives and professionals facing criminal allegations and regulatory breaches.
• Individuals accused of serious crimes such as sexual offences, fraud, indecent images, or financial misconduct such as Fraud/White collar crime.
• Those seeking to avoid charges and maintain their reputation.
• Those seeking to protect their careers and their criminal record (Disclosure and Barring Service DBS).

How Can Pre-Charge Representation Improve Outcomes?

Whilst Pre Charge Representation cannot negatively impact a client's case in any way, they can significantly improve a client's legal position.

1) Avoiding Criminal Charges

• Early identification of weaknesses in the prosecution case.
• Presenting compelling defence evidence to avoid a realistic prospect of conviction.
• Suggesting lines of enquiry at at early stage, whilst the prosecution case is at its weakest.

2) Protect Reputational Damage

• If your matter goes to Court, the journalists and press are free to report it in newspapers.
• Early legal intervention helps you keep your reputation intact.

3) Save Careers

• For those in highly regulated professions, or even professionals who undergo criminal record checks, pre charge engagement and pre charge representations means that you are in the best position to avoid a conviction.
• Avoiding criminal charges would prevent you from having to talk to your employers about standing criminal trial at court (which may take a few years due to the overburdened criminal justice system).

4) Reduce Stress and Anxiety

• Whether it's a knock on the door, doorbell, or even an envelope through the letterbox, we understand the stresses an investigation brings.
• We use our own experts to assist your mental heath. We regularly instruct psychiatrist and psychologist, who can also provide commentary that we use within our negotiations with the CPS.
• Knowing that you have proactive experts through the criminal investigation means you leave nothing to chance. This would help give you comfort during the daunting time of an investigation.

5) Mitigating Potential Consequences

• Reducing the likelihood of severe penalties if charges are unavoidable.
• Negotiating outcomes that are in the client’s best interest.
• Increasing a client's credibility, if they do happen to be charged.

FAQs About Pre-Charge Representation

What does a solicitor do at the pre-charge stage?

At pre charge stage, a solicitor can assist you in frontloading your defence. This gives you a chance to proactively deal with your case, and avoid criminal charges and criminal prosecution. A solicitor will advise you with potential evidence and other lines of investigation that may assist you.

Is pre-charge representation necessary for minor offences?

Pre charge representation can be used for any type of offences. With some offences, there are parliamentary and governmental pressures in charging and prosecuting cases, to increase the statistical data. Being proactive with your case ensures you are not painted with that brush and ensures the prosecution are held to strict proof.

Can I get public funding for pre-charge representation?

Recently, the Legal aid lawyers have been given a small budget by the legal aid agency to approach defence at pre charge. Given that pre charge representation is a specialist area, it requires more than general criminal defence knowledge. Funding pre charge representations now would be cheaper and less stressful than funding a full blown criminal trial. Not only would it save on stress, it may help your financial position, if you were to invest in yourself and your peace of mind, today.

What happens if I don’t have a solicitor during the pre-charge stage?

You miss the narrow window of opportunity to serve representations. If you are charged with a criminal offence, you will be required to attend Court. Speaking to proactive criminal defence specialists may be wise, as we can potentially reverse the charging decision for you.

How much do specialist solicitors charge for pre-charge cases?

It varies upon the expertise of the lawyer that you select for your pre charge defence. Solicitors fees would depend on their years of experience.

Why Choose Lex Vindico Group for Pre-Charge Representation?

Lex Vindico Group's founding director, namely Akram Mula, LL.M has built an international reputation over the years in criminal defence. His reputation is built from successfully defending and prosecuting many cases. His client care and achieving successful outcomes within criminal defence, particularly the pre charge stage is widely recognised. His successes in criminal cases within pre charge range from domestic cases, financial crime, to sexual offences including indecent image cases. Akram Mula's pre charge advice helps equip client's with the 'know-how' and confidence to deal with the case, and the stresses that come with it. Over the years, he has dealt with many high-profile and sensitive cases successfully.

The firm was born on the premise of proactive and results-driven representation. At Lex Vindico Group, our lawyers inspire the confidence into clients so that they could get back to the normality of their daily lives, whilst we commit to a proactive defence strategy, keeping them informed at every stage of the process. Our pre charge advice can help keep our clients, a step ahead in avoiding prosecution.

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