Police Investigations and CPS Charging Advice: What You Need to Know
Facing a police investigation is one of the most unsettling experiences anyone can go through. Whether you’ve been arrested, invited to a voluntary interview, or simply told that the police are investigating, the uncertainty that follows can be overwhelming. What happens after arrest? How long do police investigations take? What factors influence CPS charging advice?
This article explains the process clearly, from the UK police investigation timeline through to CPS charging decisions. More importantly, it demonstrates how early legal representation can make the difference between a case being dropped or pursued in court.
What Happens After Arrest: UK Crimes and Charges Explained
An arrest is only the beginning of the UK criminal process. In fact, what happens next can be far more decisive than the arrest itself. After the initial shock of interviews, custody time, and possible bail conditions, the real decisions about whether you will face court often unfold quietly in the weeks and months that follow.
During this period, suspects, their families, and the victims can be overwhelmed by questions regarding the process. But the answers they seek can vary widely depending on the type of offence, the quality of the evidence, and the role of your solicitor. Because the truth is that there is no single UK police investigation timeline that applies to all cases.
Some investigations are resolved in a matter of weeks, while others can stretch on for years. This explanation is rarely helpful, as suspects often face enormous personal and professional consequences in the meantime, including restrictions on travel and the general stress of being released under investigation.
The Police Investigation Timeline: From Arrest to File Building
The process begins with the first contact. Sometimes this is an arrest, but it could also come in the form of a voluntary interview. From that moment, the investigation starts to build. Here are some common stages in the timeline:
Device Seizure
In the early stages, police may seize phones, laptops, or other devices. In fact, one of the most common questions solicitors receive is how long can the police keep your phone for investigation? The answer is that there is no fixed limit. Devices can be held for months, even years, while digital forensics teams review the contents. For many, this can disrupt work and personal life far beyond the initial arrest.
Evidence Gathering
Once the property is secured, investigators gather witness statements, CCTV, medical evidence, and expert reports. This evidence-gathering stage is the longest part of the process. It is also why there is no simple answer to “how long does it take for a police investigation?” Some files are ready in weeks, while others take several years. Longer timelines are particularly common in cases involving complex fraud or allegations of sexual offences.
At each stage, having a solicitor present can make a tremendous difference. A lawyer can challenge the scope of interviews, press for the timely return of devices, and ensure that significant evidence in your favour is not ignored. In this way, legal intervention can influence what ultimately reaches the CPS.
When Do the Police Need CPS Charging Advice?
Many people are surprised to learn that not every case ends up on a CPS lawyer’s desk, but the truth is that the police themselves can handle certain offences. So, what offences can police charge without CPS? Generally, these are summary offences, a term used to describe lower-level crimes such as minor theft or assault.
- Common assault (minor assaults that don’t cause serious injury).
- Criminal damage (where the value of the damage is under £5,000).
- Shoplifting / low-value theft (under £200 in value).
- Drunk and disorderly behaviour.
- Driving offences (speeding, driving without insurance, careless driving).
- Public order offences (such as using threatening or abusive words or behaviour under section 5 of the Public Order Act 1986).
- Possession of cannabis or small amounts of other drugs (depending on circumstances).
But for more indictable offences like sexual offences, serious assaults, or fraud, the police must seek CPS charging advice. When they believe they have enough evidence, they prepare a file and submit it to the CPS. From that point, prosecutors apply the CPS charging standards and decide whether to proceed.
The UK CPS operates nationally, with separate divisions to cover specific areas, like CPS London. However, each follows the same charging guidelines. These frameworks are designed to ensure consistency and fairness, but the decision can only ever be as good as the file put in front of them. Yet again, this is why it is so important to have a solicitor involved early to influence how that file is built.
What Evidence Do CPS Need to Charge?
The CPS applies a two-stage test before deciding whether to charge. First is the evidential stage: Is there a realistic prospect of conviction? Second is the public interest stage: Is it in the public interest to prosecute?
Clients often ask, “Can CPS charge without evidence? The simple answer is “no.” However, the definition of “evidence” is broader than most assume. A single witness statement, even without corroboration, can sometimes be enough if prosecutors believe it would likely persuade a jury.
Though wrongful convictions have generally declined in the UK, they do still occur. The CPS is well aware of this. And while they never seek to charge someone with a crime if they are innocent, they are not the ones who make that determination. Instead, they simply proceed if and when the evidence meets the test.
The CPS also has duties around disclosure, meaning they must consider digital material and unused evidence. But backlogs and volume mean these duties are not always met as quickly as they should be. Different regions may also have varying pressures on resources, which can affect how quickly files are reviewed.
What Happens After CPS Decide to Charge?
One of the most stressful parts of any investigation is waiting for a decision. As previously mentioned, there is no fixed CPS charging decision timescale. Cases may be reviewed in weeks or may take years. Adding to the confusion is the fact that delays often arise when police submit incomplete files or when prosecutors need additional evidence.
If the CPS does decide to charge, the next step is the first court appearance. At this stage, issues of bail, custody, or reporting restrictions are addressed. This is also the point where the case becomes public, inviting all the consequences that can bring. In a matter of hours, your name and the details of the allegations may appear in court lists, which are open to journalists and members of the public. This can result in disciplinary reviews and suspensions, strained relationships, and even news articles under the right circumstances.
If the CPS decides not to charge, they issue a CPS no further action letter. This is typically accompanied by relief, but some clients still have to deal with the fallout of having been under suspicion. For example, many of our clients are suspended from work pending police investigation, suffering damage to their career and reputation, even though their case never reached court.
Your Legal Rights Before Charge
It is during this pre-charge stage that your legal rights matter most. Every suspect has the right to remain silent, the right to legal representation, and the right to disclosure of certain evidence. Yet these legal rights are often misunderstood. Without advice, people sometimes waive their rights without realising the consequences. In other instances, they make statements in interviews that later come back to hurt their case.
A skilled solicitor can request disclosure, submit representations, and highlight weaknesses in the police case. The distinction between a reactive defence and a proactive one is critical and can change the entire trajectory of a case. This further ties into how solicitors influence CPS charging outcomes.
Without representation, the file the police send to the CPS is often a one-sided narrative. With proactive engagement, solicitors can provide a much more balanced view of the facts. Indeed, this is the essence of criminal defence pre-charge work. In some cases, solicitors will make direct submissions to the CPS against charging.
Why Holborn Adams is the Firm to Call Before CPS Charges
The CPS rarely sees the full picture. Without input from the defence, that file can present only one side of the story. Pre-charge representation ensures that your voice is heard before the decision is made.
Holborn Adams pioneered criminal defence pre-charge strategies in the UK, and our team has a proven record of influencing CPS charging decisions at the earliest stages of the investigation. Unlike reactive firms, we don’t wait passively for the CPS to make its choice. Instead, we act immediately to challenge evidence, shape narratives, and protect your reputation.
If you or a loved one learn that the police are investigating you, the time to act is now. With Holborn Adams at your side, your case will be proactively managed long before charges are considered.
