What is Pre Charge Engagement? A Comprehensive Guide

Pre-charge engagement has come to play a vital role in the UK legal system, but the term is still relatively unknown to many, especially if you are facing criminal charges for the first time.

If you are under investigation for a criminal offence, understanding what pre-charge engagement is and how it works is essential – it could be your key to a smooth and short investigation, ending with no charges against you.

In this article, we’ll discuss what pre-charge engagement is, how the process works, the benefits, and if you are eligible.

 

 

What is pre-charge engagement?

Pre-charge engagement is a process where police and defence decide if charges should be made against the accused. It is growing in popularity in the English and Welsh criminal justice system and is completely voluntary.

Pre-charge engagement allows all parties to work together to analyse the quality/usefulness of the available evidence, bring to light new evidence and witnesses, and flag the best lines of enquiry for the police to pursue. The ultimate goal is to streamline the investigation and close the case with no charges made.

 

How does pre-charge engagement work?

This is an outline of the usual pre-charge engagement process:

 

Initiation

The police, Crown Prosecution Service (CPS), or the defence team can initiate pre-charge engagement. The engagement begins sometime between your first police interview under caution and when the charging decision is made (but the earlier it starts, the better).

Both the prosecutors and defence team must agree to participate in order for pre-charge engagement to go ahead. It is voluntary, not mandatory.

If everyone agrees, your solicitor will be given a pre-charge document.

 

Constructing a defence

You will work with your solicitor to identify all lines of enquiry that help your case. Your solicitor will be able to review the evidence the prosecution has and ask clarifying questions about the different pieces.

You’ll work together on a defence case that may include new evidence like alibis, identify flaws in the evidence, and identify issues in the conduct of the prosecution team. This is all compiled into a detailed document which is then sent to prosecutors.

If you are actually guilty, your solicitor can draft a letter to the police to request that you be given an alternative penalty, like a caution or community resolution, rather than being charged and having to settle the case in court.

 

Further review

Once presented with your defence case, the prosecutors may continue their investigation to be sure of their charging decision.

 

Charging decision

The police/CPS will evaluate all the evidence and decide whether or not to charge you.

What are the benefits of pre-charge engagement?

There are many benefits to pre-charge engagement for both the defence and prosecutors, including:

• It streamlines the investigation, saving time and effort.
• It prevents unnecessary charges being brought.
• It gives the defence the chance to give input earlier in the investigation.
• It saves a lot of stress and anxiety from prolonged investigations.

 

Am I eligible for pre-charge engagement?

pre-charge engagement is available for most cases. It is only available, however, when both parties agree to it. It’s usually not considered where the offence is very serious, where there is risk to witnesses, and where there is potential conflict with other legal processes. There are no concrete rules for which cases it can and cannot be used in, but it may not be accepted where:

• There are vulnerable victims (child abuse, domestic violence).
• There is a risk of witness tampering/intimidation.
• There are concerns with public safety (terrorism, gang violence).
• There are strict procedural requirements for investigation (national security cases).
• There is already overwhelming evidence to justify charges.

 

Holborn Adams approach to pre-charge

Holborn Adams are pioneers of pre-charge. We believe that prevention is better than cure, so we strive to have cases overturned before any charges are made. It is our first line of defence.

Our approach to pre-charge engagement involves:

• Ensuring you are as at ease as possible – you’ll always be aware of your legal rights, and kept informed at every step of the process.
• Closely collaborating with you to pick at existing evidence and unearth new lines of enquiry that will assist your defence case.
• Identifying mitigating factors or alternative explanations for your behaviour that merit no charges or more lenient penalties.

We’ve seen firsthand how a single charge can cause someone to lose everything – we tackle all of our pre-charge cases with empathy, attention to detail, and unrelenting determination to achieve the best outcome.

If you’ve found yourself facing potential criminal charges, there is no time to waste. Please contact Holborn Adams today to discuss pre-charge engagement.

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