The Role of Pre-Charge Submissions from First Contact to NFA
Being investigated does not mean you have to wait for the police to decide your future. In this guide, the criminal defence team at Holborn Adams explains how early legal action and pre-charge submissions can help protect your position before a charging decision.
What Happens During a Criminal Investigation Before Charge?
A police investigation may begin with an arrest, contact from a police officer or an invitation to attend a voluntary interview under caution. In the UK criminal justice system, what happens during these early stages can have a major effect on the case.
Before formal charges, your solicitor can start to understand the allegation, preserve useful evidence, and consider whether to engage with investigators. This pre-charge stage is an opportunity to build your defence. That is far better than simply waiting for the police or Crown Prosecution Service (CPS) to act.
What is Pre-Charge Representation?
Pre-charge representation is legal support provided while you are under investigation but before you are charged with an offence.
It goes beyond simply having a solicitor at the police station. Criminal defence solicitors can review the available information, identify important issues, and gather evidence that supports your account.
This may include messages, CCTV, or witness statements that could become harder to track down later in the investigation.
Where appropriate, this work can lead to pre-charge engagement or a more focused pre-charge submission.
When Should You Instruct a Pre-Charge Solicitor?
You should consider getting specialist advice as soon as you know you are under investigation. This could be when police first contact you, arrest you, or ask you to attend an interview under caution.
What you say during an interview may later be used as evidence, so preparation is important. Getting advice early gives your solicitor time to understand the allegation, review the available information, and advise you on how to approach police questioning.
Preparing for an Interview Under Caution
An interview under caution is a formal police interview where you are questioned about the suspected offence. Investigators will caution you before questioning begins. This means that what you say may later be used as evidence.
There is no single correct way to approach the interview. Depending on the case, your solicitor may advise you to answer questions, provide a prepared statement, or exercise your right to silence.
Your solicitor can explain these options and attend the interview with you at the police station. Their advice should be based on the allegation and available evidence, giving you a clear strategy before questioning begins.
Released on Bail: What Happens Next?
Being released on pre-charge bail means you can leave police custody while the investigation continues. That said, you will have to follow the set bail conditions and may need to return to the police station on a set date.
There is no bail money to pay in England and Wales. However, there are rules and time limits governing pre-charge bail, and your solicitor can advise you on how they apply to your case.
In some cases, you may be released under investigation (RUI). Unlike pre-charge bail, RUI does not usually require you to follow bail conditions or return to the police station on a set bail date. However, the police continue their investigation, and they could still charge you with an offence later.
What is a Pre-Charge Submission?
A pre-charge submission puts relevant defence information before the police or CPS before they decide whether to bring criminal charges. However, it should do more than simply claim that you are innocent.
For example, your solicitor may use messages, CCTV, witness statements, or timeline evidence to challenge parts of the allegation, provide missing context, or suggest reasonable lines of inquiry.
A submission may form part of wider pre-charge engagement as the police investigation moves towards a decision to charge or dismiss.
How Can Pre-Charge Submissions Affect the Charging Decision?
A pre-charge submission gives decision-makers a chance to consider relevant defence material before deciding whether formal charges should follow.
Under the CPS Full Code Test, prosecutors first consider whether there is sufficient evidence to provide a realistic prospect of conviction. If that test is met, they then consider whether a prosecution is required in the public interest.
A submission cannot guarantee any particular outcome. However, it can draw attention to weaknesses, missing context, or evidence that points away from the suspect. This can raise doubt about whether prosecutors have a realistic prospect of conviction and whether they should bring criminal charges.
What Does NFA Mean?
NFA means No Further Action. An NFA decision means the authorities have decided not to continue the criminal case at that point.
For someone under investigation, receiving an NFA can bring the immediate threat of prosecution to an end. However, police may still retain information about the investigation, and whether anything appears on a criminal record check will depend on the circumstances.
How Holborn Adams Can Help From First Contact to NFA
Holborn Adams takes a proactive approach to pre-charge representation. From the first police contact, our team will prepare you for interview, examine the evidence, and build a clear strategy around your case.
Where appropriate, we engage directly with the police or CPS and make targeted pre-charge submissions before the charging decision. This strategy has helped us secure NFA results for hundreds of clients.
Remember, early action gives your defence team more time to gather evidence, address weaknesses in the case, and protect your position. If you are under police investigation, contact Holborn Adams to start building your defence today.
Frequently Asked Questions
What is a pre-charge submission?
A pre-charge submission is a representation made to the police or CPS before a charging decision is made. It can present defence evidence, identify weaknesses or explain important context. The aim is to provide decision-makers with relevant information before they decide whether to bring formal charges.
What does NFA mean in a police investigation?
NFA means No Further Action. An NFA decision means the authorities have decided not to take the criminal case further at that point. It does not mean a solicitor can promise that outcome, but effective pre-charge representation can help ensure relevant defence material is considered.
Released on bail: what happens next?
If you are released on pre-charge bail, the police investigation continues. You may have bail conditions and a date when you must return to the police station. Your solicitor can monitor the investigation, help you follow your conditions and consider whether further pre-charge engagement is appropriate.
How do pre-charge representations work?
Your solicitor identifies evidence or legal issues that may affect the charging decision and presents them to the police or CPS. This could include messages, CCTV, witness statements or weaknesses in the allegation. Any representations should be focused on information that could make a genuine difference.
Does being released under investigation mean the case has been dropped?
No. Being released under investigation means the police investigation remains open even though you are not on pre-charge bail. Police may continue gathering evidence and could later bring criminal charges, so you should remain in contact with your solicitor while the investigation continues.
Can pre-charge submissions guarantee No Further Action?
No. Pre-charge submissions cannot guarantee a No Further Action outcome because the decision remains with the authorities. However, they can ensure relevant defence evidence and important context are considered before the police or CPS makes a charging decision.
Should I instruct a solicitor before a voluntary police interview?
Yes. A voluntary interview is still an interview under caution, and your answers may later be used as evidence. Speaking to a solicitor first gives you time to understand the allegation, consider the available evidence and prepare an interview strategy before questioning begins.
