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Being charged with a crime can be daunting, as there are many questions about what happens next and the outcome. Expert legal advice and representation during the post-charge stage is key to protecting your rights, presenting your evidence, and proactively building the best possible defence. At Lex Vindico Group, our solicitors specialise in post-charge representation and will give you clear guidance and strategic advice to help you through this difficult time. We believe in a collaborative approach, where you, as the client, play an active role in your defence.
When you receive a postal requisition through a letter from the Court, or a charging decision from the police officers at the station, you may feel as though your life has changed forever. Although they say you are 'innocent until proven guilty', receiving criminal charges may feel like you are sinking deeper with every step. The uncertainty from the intrusive investigation that led to the charges certainly doesn't help. At Lex Vindico Group, we can challenge the charging decision and put forward key evidence that the decision maker may not have had when deciding upon the charging decision. This gives you a chance to reverse the charging decision with proactive representation so that you do not have to stand trial in Court.
The Code for Crown Prosecutors allows defence lawyers to submit written representations seeking a review of the criminal charges, based upon all the evidence that has been disclosed. Our expert lawyers would consider the evidence, including all witness statements, CCTV, body worn video footage, unused schedules, and more, to compile a strong set of written representations to prove that there is no realistic prospect of a conviction at court, by proving a) insufficient evidence and b) a lack of public interest to prosecute. A lack of enough evidence and public interest factors tending against a prosecution may include:
Our experts can provide written representations for appropriate cases up to the trial date. It is a clear and straightforward way to avoid a criminal trial in court, which is to discontinue the case. Even if you were considering pleading guilty, this method puts the CPS to strict proof, as they must prove all allegations against you, bearing the burden of proof. The standard to which the prosecution must prove the case is beyond a reasonable doubt, or, more recently described as, until the jury is sure of guilt.
Post-charge representation is legal support for an individual after they have been formally charged with an offence. This stage begins when prosecuting decision makers such as the Crown Prosecution Service (CPS) decide that there is enough evidence to proceed with the case as there is a realistic prospect of conviction. The CPS must consider the likelihood of success of any likely defence against the admissible evidence. This 'post-charge' process runs through various pre-trial processes, including court hearings, applications to dismiss charges, and trial preparation until a verdict is reached.
This stage differs from pre-charge representation, which is legal support during the investigation and the decision to charge. Once charged, the focus shifts to procedural fairness, challenging weak cases via weak evidence, and seeking to resolve matters before trial at Court via written representations or a formal application to dismiss. This process occurs whilst we prepare your defence for a trial. We look for every angle to have your case reviewed and dismissed through proactive representation using only specialist barristers. Proactivity is key to protecting your reputation, career and freedom if you have been accused and charged with an offence. Our lawyers at Lex Vindico Group will help you obtain further material for any likely defence and representations in the future.
Lex Vindico Group's lawyers have years of experience defending and prosecuting at the post-charge stage, combining legal knowledge with a client-centric approach. Our team knows the criminal justice system and will leave no stone unturned to challenge the charges.
Preparation is key to our approach. After reviewing the evidence, requesting additional disclosure from the police and CPS, and suggesting reasonable lines of enquiry (as well as asking why such lines of enquiry were not conducted previously. Often, criminal charges become unfair if specific lines of enquiry can no longer be pursued, restricting your chance to defend yourself properly - this can either mean that we have grounds to ask for charges to be dropped via written representations to the police/CPS, or, we can raise an abuse of process argument at court given that you can no longer have a fair trial). Our expert lawyers often get charges dropped before trial. This early resolution not only spares clients the stress of lengthy and intrusive court proceedings but also protects their reputation and future. This is a testament to our efficient and practical approach to post-charge representation.
Whether your case is in the Magistrate's Court or the Crown Court, we will protect your rights and work towards the best possible outcome, whether that is to:
Applies if you are pleading not guilty:
Applies if you are thinking of pleading guilty:
At the post-charge stage, legal representation starts with the first court hearing, usually at the Magistrates' court; a lower court that deals with less serious offences and acts as an initial administration process for more serious offences, before sending such cases to the Crown Courts. At this stage, the possibility of a guilty plea is considered. Our expert solicitors and barristers will advise on plea options, bail conditions, and procedural requirements. More serious cases progress to the Crown Court, a higher court that deals with more serious offences, where our advocacy expertise will present robust analytical skills, defence strategies or case-specific mitigation techniques.
It is worth noting that in some cases, where the evidence is weak or non-existent, you can apply for dismissal through a formal court application. If such an application is to be lodged with the Courts, then it is a formal procedure to 'not enter a plea' or be 'formally arraigned' for any charges, at any prior hearings. Our expert lawyers can advise you on this process, and your ability to serve such an application to dismiss. Alternatively, the written representations shall be made to the CPS decision maker for review when all the evidence has been served upon us.
The CPS has an ongoing duty to meet the Full Code Test, which requires sufficient evidence and a public interest in prosecution. Our criminal law team will review every aspect of the case to identify inconsistencies, unfairness, procedural errors, or a lack of evidence. In accordance with the Attorney General's guidelines, written representations are submitted to the CPS to review and discontinue the charges where the criteria are no longer met, because of key evidence that we present on your behalf.
Applications to dismiss are potent tools for stopping weak cases from going to trial. These applications challenge the prosecution's evidence, arguing that it doesn't meet the legal threshold for conviction. Our team will also obtain critical disclosure of further evidence to ensure that all relevant material is available to build a defence and identify areas where further investigation may reveal additional evidence to support the case.
For an Application to dismiss, the legal requirement is contained within the Galbraith Test (R v Galbraith [1981] 1 WLR 1039), which asks:
If it is found that there is no evidence, or the evidence available is so weak, that a jury properly directed (provided legal directions by the judge, informed of the defence to the charge raised, and aware of the legal tests) could convict, then the judge would intervene and discharge the jury whilst dismissing the case judicially. An application to dismiss would be made to avoid any miscarriage of justice. The jury should not have the legal power to decide upon a case where there is no evidence, or if there is evidence in existence, and such evidence is weak.
Our approach is built on thorough preparation. We leave no stone unturned in reviewing the evidence, witness statements, and the CPS's case file. Our solicitors conduct detailed interviews with witnesses, identify expert evidence where necessary, and craft compelling arguments to challenge the prosecution's case. This level of preparation ensures that your case is in good hands and that we will protect your interests at every step.
Our crime team is headed by Akram Mula. LLM, a solicitor advocate, benefits from higher rights of audience to represent clients in any higher court. At Lex Vindico Group, we use and have exclusive access to specialist barristers, King's Counsel, and leading individuals in the United Kingdom.
The Full Code Test has two stages: the evidential stage and the public interest stage. The evidential stage is whether there is a realistic prospect of conviction based on admissible evidence that the CPS can use at Court to persuade the court of your guilt. The public interest stage is whether prosecution is in the public interest, or whether other avenues are cheaper to the state, which would achieve a similar impact of a conviction, to reduce future risks of reoffending. Solicitors play a crucial role in ensuring both tests are met throughout the process. As our expert lawyers have also prosecuted cases, they bring a unique view to defend you, which can lead to an early conclusion to your case. In complex cases, the prosecuting authority may seek CPS advice. Our lawyers have provided such advice, allowing us to retain strategies that would always keep you a step ahead of the CPS.
In cases where immediate charging decisions are required at the police station, the threshold criteria test may be applied while the suspect is in police custody. This test allows charges to proceed on reasonable grounds of suspicion even when all the evidence is unavailable. Our solicitors will monitor these cases closely and challenge prosecutions that don't meet the higher standards of the Full Code Test when more evidence becomes available. These cases usually apply to the more serious offences where individuals are held in custody and sought to be remanded into prison by the Court. In some cases, the threshold test can be applied by police officers instead of CPS. However, review is an ongoing process to meet the national file standard, by the prosecution reviewing lawyer, rather than the police. All the evidence to be used must be in an admissible format.
Public interest factors such as the seriousness of the offence, the harm caused and the proportionality of prosecution can influence the decision to continue with a case. Presenting arguments against prosecution on these grounds often results in a good outcome, especially with mitigating circumstances or minimal harm to society. We also consider the impact criminal charges and a conviction would have upon you and your career. If, for example, you would lose your employment, and there are innocent individuals such as children that rely heavily on your finances, then naturally the public interest in proceedings against you will decline heavily, as if the criminal charges were to put your job at risk, the innocent individuals would lose out. In the same way, the public interest stage would be impacted by considerations of medical evidence and your mental health.
Bail is a key part of post-charge representation. Our expert lawyers in our crime team will argue against custody, challenge the grounds for remand, and assess whether the suspect is a substantial bail risk. For clients who are bailed, we will help them seek reasonable conditions that minimise disruption to their personal and professional lives so that their lives can continue, whilst we prepare their cases in the background. For employed professional individuals, we make thorough representations for bail (with conditions to remove any restraints from your work life, or without any conditions at all). For individuals who are currently remanded, awaiting court, our expert lawyers can get involved and prepare diligent bail applications to increase your chances of having liberty while awaiting trial. This assists us in preparing the best possible defence for you, so we rely upon you being released from custody. Our lawyers take it personally to help you and your family.
Your court date is crucial to the prosecution process. It's the day you must appear in court to answer the allegations against you. Understanding the significance of this date and making the necessary arrangements to get to court on time will help you feel informed and prepared. Failure to attend court will result in a warrant being issued for your arrest, and you will be circulated as 'wanted' on the police national computer (PNC).
When you get a court date, you should:
Court dates can also be changed or postponed, so it's essential to stay in touch with your legal representative or the court to confirm the date and time of your hearing.
The answer is yes - our expert criminal defence team is well-versed in the different ways your case can be dropped or discontinued before getting to Court. This would save you from the risk of being convicted by a jury, the stress associated with standing trial, the reputational damages related to matters being reported in the press, and most important of all, it would restore your peace in life swiftly as you will not have to wait years before your case is before the Courts for a trial.
Gathering evidence and disclosing it are key parts of the prosecution process. The prosecution must disclose all relevant evidence to the defence, including witness statements, physical evidence, and any other material that may be relevant to them proving their case. Additionally, after the charge, the prosecution must provide the defence with a schedule for the unused material. This is essentially a list of evidence gathered by the investigators, which the prosecution does not intend to rely upon in proving the allegations against you. If our lawyers can meet the S.3 disclosure test, i.e, if the material outlined in the unused schedule can assist the defence or undermine the case of the prosecution, then our expert lawyers can request the unused material. This helps us understand the procedures to obtain all the evidence during the investigation. Moreover, the general rule of defence is that if evidence is unhelpful for the prosecution, then it is likely to be helpful to the defence. Our criminal experts can help request the unused material required.
The prosecution's disclosure duty is ongoing, and they must continue to disclose any new evidence that becomes available throughout the prosecution process. This includes:
The purpose of disclosure is to ensure that the prosecution and defence have all the evidence to prepare their cases properly and have a fair trial.
Our criminal law team has years of experience representing clients in all types of criminal cases, from minor offences to serious allegations where the stakes are high. That means you get informed, practical advice at every stage. We work closely with Kings' Counsel, who defend and prosecute cases, to provide our clients with the best legal services available.
Every case is thoroughly and individually prepared. Given our eye for detail, we focus on finding weaknesses in the prosecution's evidence. Written representations and applications to dismiss often get early results. We leave nothing to chance where your reputation, career, future, and freedom are concerned.
Whether you are preparing for trial in a Court or preparing to be sentenced by the Court, experts such as medical doctors can prove valuable to your case in any event. At Lex Vindico Group, we have access to leading psychiatrists, psychologists, former detectives and forensic specialists to get you closer to your goal, whatever your goal. We advocate for your mental health and want to ensure your well-being and provide unmatched legal expertise.
At Lex Vindico Group, we put our clients first and tailor our approach to each case. Our criminal defence experts understand that legal representation should not be delivered as 'one size fits all'. Every case is individual and has its own strengths and weaknesses. We deliver results and have a reputation for providing robust representation at every stage of the case.
If you've been charged, contact us now for a confidential consultation. Our expert solicitors will help you through the post-charge process and protect your interests, reputation and freedom.
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