Pre Charge Engagement: Understanding Your Option

Pre Charge Engagement: Understanding Your Options

Over the past few years, pre-charge engagement has come to play a vital role in the UK legal system. In fact, searches for terms like “pre-charge UK” and “pre-charge options” have skyrocketed in the past four years. 

But while there is an overwhelming interest in this proactive approach to dealing with criminal charges, there is a dearth of information about what it means for you, the person who has been accused. 

As the pioneers of pre-charge engagement in the UK, the team at Holborn Adams hopes to “close the knowledge gap” through educational articles like this. In the case of this particular text, the aim is to inform you of your various options for pre-charge, in the hopes that you will know precisely how to act in the unfortunate chance you find yourself accused of a crime. 

 

 

What is Pre-Charge Engagement in the UK? 

Pre-charge engagement refers to any voluntary interaction between parties involved in a criminal investigation—usually the defendant, police, and prosecution—after the first police interview. It’s a relatively new process in the UK that allows for open communication between your legal team and the authorities before any formal charges are made. 

If you are arrested in the UK, you should know that pre-charge engagement has the power to completely transform the normal legal and criminal process. For instance, when a person is under investigation, it’s common for them to have to deal with long delays after the initial police interview. This delay might occur because the police are still investigating or because they have sent your case to the CPS for a decision on whether to charge you. 

Even if you are released, knowing that you have an investigation hanging over your head can be both problematic and stressful. Few people can simply go about their daily lives while awaiting police charging decisions. This can affect work, relationships, and – in the case of high-profile or high-net-worth individuals – public perception. 

With pre-charge engagement, UK and non-UK citizens get a unique opportunity to discuss their case in-depth with their legal team, with the goal being to identify additional lines of inquiry for the police to follow. This can significantly increase your chances of avoiding charges. 

Alternatively, if you have committed an offence, your solicitor might draft a pre-charge engagement letter in an effort to persuade the police to handle the matter with an out-of-court resolution, such as a caution or community resolution. 

Either way, the goal is to eliminate the need for charges where possible, minimise them where it is not, and speed up the process no matter what. 

 

Pre-Charge Engagement, CPS, and the Authorities 

If you are accused of a crime or believe you might be, understanding your options for pre-charge engagement can be crucial in protecting your rights and potentially influencing the investigation’s outcome. Remember, it’s essential to seek legal advice the moment you become aware of any accusation or potential charge. 

 

What are the Benefits? 

Studies show that consulting a criminal defence solicitor early on can significantly impact one’s ability to navigate the investigation by ensuring that your approach is strategic and informed. And while many accused individuals’ minds immediately go to cost, remember that, depending on your financial situation, you might be eligible for legal aid to cover these costs.

 

What Can a Pre-Charge Solicitor Do for Me? 

Your pre-charge solicitor’s primary job is to proactively interact with the police and CPS on your behalf. This means presenting evidence, offering alternative explanations, and arguing why charges should not be brought against you. For instance, if you have any evidence or witnesses that might clear your name, providing this information before formal charges are made can dramatically improve your situation. 

 

Should I Have a Lawyer Present?

During any police interview, having your solicitor present is crucial to ensure your rights are protected and to guide your responses, which can help you avoid self-incrimination. Your solicitor can also challenge the investigation by requesting the disclosure of evidence before any interview. This is vital, as it aids in preparing an effective defence. If the evidence is weak or faulty, a good solicitor will try to get the case dropped before it progresses further.

 

Can Pre-Charge Help Me Avoid Charges Altogether? 

In certain situations, a proactive pre-charge defence can help you avoid seeing any charges at all. In other cases, early resolution, such as negotiating a caution or warning, can prevent the case from going to court. In situations where it seems likely that you will be charged, your solicitor can begin preparing your defence, gathering evidence, and identifying weaknesses in the prosecution’s case, which can go a long way toward ensuring the best possible outcome. Finally, if charges are brought, your solicitor will be prepared to argue for bail or challenge any restrictive conditions, ensuring you are treated fairly. 

 

How Does Pre-Charge Work?

Pre-charge engagement begins after your initial police station interview. If the police consider your case suitable for pre-charge engagement, they will provide your legal team with a “pre-charge letter,” signalling that you can participate in the process.

Once you contact your solicitor, they will arrange an initial consultation to discuss all possible lines of inquiry with you. Next, they will prepare a detailed document, which you will approve before it is sent to the police. This document is essential for guiding the investigation and ensuring that all relevant evidence is considered.

It’s important to note that many clients decide on pre-charge engagement after being represented by another firm during the initial police station interview. In such cases, all that’s needed is a copy of the police station notes and any subsequent correspondence from the previous firm. The rest of the information will be gathered from discussions between you and your solicitor.

 

I’ve Been Accused of a Crime in the UK. What are My Options? 

You should know that pre-charge engagement can be initiated by multiple parties involved in a given investigation. This includes the suspect, the investigator, the prosecutor, or the suspect’s current representative. 

Once the police commence an investigation, one of the first steps will be to request that you attend an interview at a police station, typically “under caution.” This is usually done voluntarily, but in certain circumstances, you may be arrested.

If you discover you are under investigation by the police, it’s essential to seek expert legal advice immediately. A specialist criminal defence solicitor can guide you through the pre-charge process and provide the necessary representation to prevent self-incrimination during this interview. 

 

The Benefits of the Pre-Charge Engagement Approach 

As already outlined, pre-charge engagement offers numerous benefits that can significantly impact the outcome of your case. 

Of course, one of the key advantages is access to expert legal representation. Solicitors specialising in pre-charge engagement bring years of experience to the table, and their knowledge can prove invaluable in helping you navigate the complexities of the UK legal system. Your lawyer and their team will thoroughly research your case, gathering evidence and preparing a compelling argument for why you should not be charged at all. If you are charged, they will use the same strategies to minimise the repercussions. 

Another benefit is the ability to maintain frequent and effective communication with your solicitor. As an active participant in the pre-charge engagement process, your input is essential, and your solicitor will ensure that you remain informed and involved throughout the process. This consistent communication allows for a more tailored and responsive approach to your case. 

The pre-charge engagement process can also offer specific tactical advantages, such as identifying further lines of inquiry, providing access to relevant digital material, offering access to medical records, and identifying or interviewing witnesses. Each of these actions can contribute to building a stronger defence and potentially avoiding charges altogether. In essence, pre-charge engagement is about leveraging every available resource and strategy to protect your rights and influence the course of the investigation in your favour.

 

Holborn Adams’ Approach to Pre-Charge Engagement

At Holborn Adams, we understand that being the subject of a criminal investigation is scary, frustrating, and stressful. The uncertainty and anxiety of being under investigation can place a significant burden on you, even though no charges have been brought. 

In some cases, legal teams might advise that nothing can be done until the police have completed their inquiries. However, at Holborn Adams, we emphasise early cooperation with the police while we explore any and all potential avenues. This proactive, front-footed approach is what sets us apart and ensures the best possible outcome for you, the client. 

 

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