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Pre-charge representation is the proactive legal support given to you before charges are brought against you in any investigation. This is a critical stage of the justice process as it decides whether your case proceeds to Court, or not. This process can be initiated at any stage, before official charges are filed. The goal of pre-charge representations is to avoid charges entirely by early legal intervention.
Pre-charge engagement is outlined in the Attorney General's Guidelines on Disclosure 2024. Pre charge representation aims to facilitate the early resolution of cases, following a dialogue between defence and prosecution. This process is key in improving the fairness and efficiency of all investigations, and saves many individuals from being charged with criminal offences. This process enables weaknesses to be drawn out early and highlighted, to avoid prosecution (or any further action).
Whilst your current legal team may advise that they cannot take any action, until charges are decided, at Lex Vindico Group, we advise that being 'reactive' is not the safest play. Anyone who has ever been under investigation would understand it as the worst, and scariest part of their lives. The fear of the unknown, the restrictions on travel and the possibility of adverse publicity requires you, to take a 'proactive' approach and seek pre charge advice immediately.
By engaging early, it allows you to take control by instructing specialist lawyers who can influence the outcome of an investigation, before a decision to charge is made. Pre charge representation could be the difference between you being charged with a criminal offence and having to attend Court, or, your matter being discontinued at an early stage without any further action (no further action).
At Lex Vindico Group, our lawyers specialise in proactive/pre charge representation, and have done so, for many years. This proactive and early legal intervention, is a relatively new process. This process allows lawyers to actively engage with the Crown Prosecution Service, whilst you are 'under investigation' by the police. The 'investigation phase' can sometimes last months, and in some instances, even years.
By engaging early, it allows us to understand the strengths of the case against you, and enables us to compile and serve a tailored file of representations to the reviewing lawyer (the individual who makes the decision to charge), battling against any charges that may be forthcoming. From a defence angle, proactive representations could prevent you from being prosecuted altogether, so that you are not summonsed to answer charges at Court. This could save you time, your reputation and costs of funding trial. Among all, it could assist your mental health and diminish the anxiety and stress that is present, whilst you are under investigation.
Our dual-expertise in defending and privately prosecuting cases, gives us an edge over traditional law firms. Given that we have been in the 'reviewing lawyers' seat, we understand the Code for Crown Prosecutor's Full Code Test: which is the very standard that decides whether you are to be charged and must attend Court. Our familiarity with both sides of the coin, enables us to have a deep insight into the prosecuting authorities strategy and tactics, which enables us to swiftly make representations in your favour, which:-
Over the years, our lawyers have developed a proven method of proactive representation focused on restoring peace in our client's personal and work lives. Pre charge engagement can only benefit your case and is encourage by the Code for Crown Prosecutors.
When under investigation, suspects are often unaware of their rights. Pre-charge engagement ensures early legal intervention as such:
Having a legal representative with you at the interview under caution is critical to protecting your rights and navigating the legal maze during interactions. However, having a solicitor who specialises in the area of pre charge allows you to maximise your chances in avoiding a Court summons and charge.
As Pre Charge engagement is a niche area of private practice, it is not offered by traditional law firms, who act on the premise of challenging evidence at Court in trial. We act first, and by doing so, we gain control of the narrative and the case before public funding is pumped into the prosecution against you. We do not kick the ball down the road, we actively attempt to avoid the formal charges and winning the war, so that you are not required to give evidence at Court, and can instead return to the normality of your daily life.
This stage occurs between the investigation and the charging decision. Without proper representation, you could be charged with incomplete or misinterpreted evidence.
The Attorney General and Director of Public Prosecutions (head of Crown Prosecution Service) give guidance for prosecuting authorities and defence lawyers to follow. They suggest that a suspect under investigation has the right to serve representations via the police, or their formal defence team, this can be prior to, and/or post charge. The reviewing lawyers for the prosecuting authorities, have a duty to safeguard justice by ensuring that weak cases do not proceed to Court. This protects individuals investigated from suffering unnecessary stress, reputational harm and bearing significant costs. Alternatively, this principle should be balanced with protecting the general society from harm and offenders, and ensuring victims are not denied justice. Prosecutors ensure justice by initiating Court proceedings only in cases where the Full Code Test is satisfied (or the Threshold Criteria Test is met where suspects are in custody).
Lex Vindico Group specialises in pre charge cases and early legal intervention. Pre charge engagement goes far beyond police station representation. It aims to influence the prosecuting authorities decision by addressing every aspect of the Full Code Test, as follows:-
Evidential Stage - is there enough evidence/sufficient evidence to support a realistic prospect of conviction?
Public Interest Stage - is prosecution, in the public interest?
Pre charge engagement is heavily described in Annex B of the ‘The Attorney General’s Guidelines on Disclosure 2024’ - May 2024.
It confirms that representations submitted by defence can influence the the prosecution's decision to charge, case dependant. At Lex Vindico Group, our pre charge representations can help you avoid charges altogether, and restore peace in your life.
One of the most significant benefits of pre-charge defence is to prevent any charges, and reputational damage.
Specialist lawyers at Lex Vindico Group can:
Pre-charge bail conditions can be very restrictive, often including:
We understand that bail conditions can be restrictive to your life, and your career. As investigations can be elongated by the overburdened system, we actively suggest methods which would allow you to continue with your life, with as little disruption as possible, together with protecting the public. The Magistrates' Court must approve the necessity and proportionality of any bail conditions that cannot be agreed upon by the police and defence. Pre-Charge Legal representation can negotiate more reasonable terms and ensure these conditions are not too onerous.
One does not have to be under investigation to commit to pre-charge defence. Even if you suspect, that you may be under investigation, of any kind, you can and should be proactive. The following are examples where pre charge engagement is proven to be highly effective over the years:
Professionals such as doctors, teachers, directors of businesses, and financial experts regularly face allegations relating to negligence, safeguarding, fraud or regulatory breaches. Such professionals can protect their careers, reputations and licences by initiating pre charge engagement processes.
Public officials, members of parliament (MPs & Lords), politicians, celebrities and athletes often attract media attention when facing an investigation. We work with agents and media teams globally to help resolve issues discreetly and expeditiously.
We understand that high profile individuals are not only in search for legal representation, but proactive lawyers that understand the nuances of reputational damage. We understand that a simple media 'tweet' regarding a criminal investigation, can cause irreparable damage to an individual, which is why our team assists to avoid public damage to careers and lives.
Individuals who are young (or first time offenders), individuals who suffer with mental health concerns or individuals under duress often require pre charge engagement, to rebut the narrative and provide plausible evidence, whilst actively working on the lack of 'public interest' to prosecute. The need for punishment/prosecution may not outweigh the need for professional or medical aid, if misunderstandings within an investigation are clarified early on.
We work with leading medical professionals including psychiatrists, who may be able to comment on public interest points, when addressing the Full Code Test.
Individuals who are facing, or believe that they will be facing sensitive allegations such as, sexual misconduct, rape, domestic violence, whether historic or current, require tailored proactive representation to battle any assertions and complexities in their cases early on. Failing to address evidence early on, may leave you fighting your trial, without the defence evidence, you intended to rely upon.
At Lex Vindico Group, we actively provide reasonable lines on enquiry for this reason and to challenge any weak evidence, early on. We also provide a list of evidence for the police to retain, so that evidence in your favour can be stored safely, if the event arises requiring its' use.
When the Crown Prosecution Service prosecute such sensitive matters, they refer their case to a specialist team called the RASSO department to conduct the prosecution. They understand the stakes involved and specialise expertise required, which is why you should not leave matters to chance, or, generic traditional (reactive) lawyers.
Regulated individuals who are under investigations for allegations of any kind, can be taken regulatory action against by their licencing bodies. Individuals such as doctors, lawyers, dentists, pilots, engineers, accountants (and many more) benefit from pre charge intervention.
When such professionals face an investigation, it is usually alongside a secondary investigation by their regulator, which focuses on public interest to consider whether the regulated person ought to continue their employed role, or not. Often times, unless represented, many professionals lose their post, and that harms their track record, even if the suspension is temporary (this can be avoided)!
We also make formal representations to your licencing body to ensure you have a fair chance to continue to earn (even with conditions for certain time limits), whilst under investigation.
As investigations can be prolonged, it is paramount to act first and fast, so that your life is not restricted, whilst you are under investigation.
Proactive representation is crucial for individuals who may face the risk of losing their career, their professional licence, or even future opportunities, upon receiving a charging decision. It would be in their best interests to combat the allegations, in a timely fashion, via pre charge representations to avoid irreparable consequences to their reputation, and lives.
At Lex Vindico Group, we liaise with your legal team that represents your interests in other Courts. Pre- Charge representations go some way, in preventing accusations of any kind, (eg., allegations made by your ex partner in other courts) from escalating in the criminal realm.
If proactively sought, they can be the reason to prevent arrest, time in custody and charge altogether.
Non-British citizens facing any investigation risk losing their residency, visas and/or citizenship.
Additionally, if they are planning to make an application for citizenship in the future, that could be hindered/prevented following arrest, investigation or charge. Pre Charge engagement could alleviate any risk to your immigration status.
For those individuals who appreciate confidentiality, they have an opportunity for proactive defence, before formal charges are laid.
By handling the representation with discretion, we are able to safeguard an individuals/companies privacy as well as saving them from reputational harm. We ensure that the matter is closely-knit prior to charge, and away from the press and media reporters. Successful pre charge engagement keeps the matter out of public record and media reports.
Arrange your free, confidential, pre-charge consultation call now!
As specialist lawyers, we take a strategic approach to pre-charge defence and early legal intervention:
Under CPS guidelines, pre-charge engagement is a voluntary process that allows suspects and their legal representatives to provide information or evidence that may help the investigation.
This is useful to anyone who wishes to actively contribute in assisting the investigation. For those who are unable to bring their cases to a close, it contributes towards shaping their defence early on.
Police interviews under caution are a key part of any investigation. During this stage:
Why Representation is Important:
Following your interview under caution, you could be given Pre-Charge bail. This is where you are given police bail, but have not been charged with any criminal offence. The purpose of Pre-Charge bail is to limit a suspects liberty, whilst under investigation.
At Lex Vindico Group, we understand that the investigation period for any client, is the worst period of their lives. They are significantly impacted, as well as their families. Therefore, we often challenge the police's pre set bail conditions, and if the police are not in agreement with our requests to vary the bail conditions, we have the matter listed before the Court, to persuade the Court against the pre set bail conditions based upon the principle of necessity and proportionality - in your favour.
We are aware that the period of bail, pending any charging decision can be life-changing. We want you to be able to live as closely to your normal daily life as possible, and will make representations to that effect at Court.
When an individual is on Pre-Charge bail (but has not been charged with a criminal offence), you must follow specific conditions, which may include:
Pre-charge representation can:
Our founding director, Akram Mula. LLM (solicitor advocate) has built a reputation based upon proactive representation. Over the years, he has successfully managed to overturn and prevent charges in many landmark cases.
The main difference between traditional reactive law firms, and Lex Vindico Group, is that, 'we do not wait for problems to escalate, we take control, by anticipating those issues and proactively seek to defuse investigations before they become life-changing for our clients and their families. We are assisted by the fact that our lawyers have experience defending, and prosecuting matters. This helps us anticipate the prosecution's moves, and equips us with sufficient foresight and tactic to move forward carefully.' Akram Mula. LLM
We understand the reputational damage that investigations into allegations can cause. We provide confidentiality and discretion, when providing legal services. We understand the personal mitigating factors such as your mental health whilst under investigation, your employment, your familial relationships, your reputation and your future. This inclines us to deliver the above, in a professional file to persuade the authorities in taking a lenient approach, in your favour.
At Lex Vindico Group, our lawyers have years of experience in the niche market of pre-charge representation. We offer:
If you, your loved ones, or your companies ARE or MAY be under investigation, do not wait around. Please get in touch so we can help you regain control.
Contact Lex Vindico Group now.
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