What Does a Pre-Charge Solicitor Do?
After being called by the police for the first time or being alerted that an investigation is being carried out against you, the first thing you should do is call a pre-charge solicitor in the UK. This is a lawyer who will work with you before a decision is made about charging. Their job is to protect your rights, guide you through conversations and reviews of the evidence, and make arguments that can keep you from going to prison.
The first move you make is often the most critical and can have a lasting impact on the entire investigation. A skilled solicitor does not simply react; they take proactive steps to stop things from progressing further than they should and in times like these, that’s exactly what you need.
Why You Need a Pre-Charge Solicitor UK
Police investigations can move quickly and quietly. In many cases, suspects do not even realise how close they are to being charged until it’s too late. Early on, a pre-charge solicitor in the UK can step in, look at the evidence, and speak directly to detectives and the Crown Prosecution Service (CPS).
There are tests for both the Evidential Stage and the Public Interest Stage that the CPS has to follow. These tests are in the Code for Crown Prosecutors. Invoking Section 3 of the Criminal Procedure and Investigations Act 1996 (CPIA) to ask for the release of information. Here’s what a pre-charge solicitor will do during this stage:
- Put together written statements for the CPS before a choice is made to charge
- Offer advice during any police interview under Code C of the Police and Criminal Evidence Act 1984 (PACE)
- Ensure that under section 34 of the Criminal Justice and Public Order Act 1994, police interviewers follow the right steps and respect your right to remain silent
- Take care of any problems that arise with bail or volunteer attendance
When your lawyer gets involved early, they can stop mistakes or unfair conclusions that could later affect the prosecution's case against you.
What Happens During the Pre-Charge Stage?
Once the police believe they have gathered enough evidence, they will send a file to the CPS for a decision. The CPS uses the Full Code Test, which has two parts. First, it checks to see if there is enough evidence for a good chance of conviction; and then, it checks to see if bringing charges is in the public interest.
At this point, your pre-charge solicitor in the UK can make legal or factual arguments about why these tests are not met. For instance, they could question the credibility of witness statements under Section 78 of PACE or point out violations of transparency rules that hurt justice.
In many cases, well-prepared submissions have led to investigations being dropped before charge. This stage can last weeks or several months, depending on the case’s complexity and whether the CPS requests further investigation. Having an experienced solicitor ensures that every opportunity to stop the case is used effectively.
Why Early Legal Advice Matters
People often underestimate how powerful early advice can be. Once a charge is authorised under Section 37B of PACE, your options narrow significantly. Acting early allows your solicitor to challenge the evidence while it is still under review and to present your side before the CPS makes its final decision.
Early legal help can also protect you from being detained without a warrant and ensure that your rights to an interview under Code C PACE are respected. The difference can be life-changing, both legally and personally.
Choosing the Right Solicitor
We have an expert team of lawyers at Holborn Adams that specialize in pre-charge action.
Our pre-charge lawyers in the UK are familiar with the CPS and the rules that govern its investigations. We look at all the evidence presented in great detail, find any violations of privacy or procedure laws, and write arguments that can often mean the difference between being charged and being found not guilty.
If you have been contacted by the police or believe you are under investigation, seek legal advice before any charging decision is made. Speaking to a pre-charge solicitor in the UK early gives you the best chance of protecting your position and avoiding unnecessary proceedings.
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