Pre-Charge Engagement Solicitors

At Burton Copeland, we understand that being under investigation by the police can be an incredibly stressful and uncertain experience, even before any charges are brought. That’s where Pre-Charge Engagement comes in: a crucial window of opportunity to influence the direction of an investigation before a charging decision is made. 

Whether you’re facing allegations of fraud, assault, sexual offences, or any other criminal matter, early expert legal advice from a defence solicitor can be the difference between a case being dropped or proceeding to court. 

What is Pre-Charge Engagement? 

Pre-Charge Engagement is a voluntary process that allows legal representatives and investigators (such as the police or Crown Prosecution Service) to engage in a constructive dialogue during the investigation stage of a case- that is, before a charging decision is made. 

Introduced in 2021 through the Attorney General’s Guidelines on Disclosure, Pre-Charge Engagement gives individuals under investigation a fairer chance to respond to allegations and present important evidence early in the process. 

This can include: 

• Providing details of alibi evidence 

• Submitting expert reports (such as medical or digital evidence) 

• Highlighting material which may undermine the prosecution case 

• Raising issues of mistaken identity or credibility of witnesses 

• Speeding up delays caused by lack of communication
   

Why is Pre-Charge Engagement Important? 

Investigations can drag on for months, sometimes years, leaving individuals in limbo and under significant emotional strain. Engaging effectively with investigators during this stage can result in: 

• No further action (NFA) being taken 

• Early resolution of cases without the need to go to court 

• More accurate decision-making by the CPS 

• Avoidance of reputational damage and further distress 

At Burton Copeland, our expert defence solicitors can guide you through this sensitive stage with skill, discretion, and a clear strategy.  

Pre-Charge Engagement FAQs

Q: The police want to speak to me. What should I do? 

A: If you’re contacted by the police asking to speak with you, it’s crucial that you seek legal advice before engaging. Whether you’re being asked to attend a voluntary interview or have been arrested, the implications can be serious. You have a right to legal representation, and exercising that right does not make you look guilty, it protects you. 

At Burton Copeland, we regularly represent clients during police interviews and can advise you on what to expect, what to say (or not say), and how to best protect your position. Never attend a police interview without speaking to a defence solicitor first. 

Q: I have been released under investigation. What happens next? 

A: Being released under investigation (RUI) means the police are continuing their enquiries after your interview, and you have not been charged, but the matter is still live. There are no bail conditions, but the uncertainty can be difficult. 

Unfortunately, there is often no fixed timeframe for how long an RUI can last. That’s why it’s vital to instruct a defence solicitor who can monitor the progress of your case, liaise with investigators on your behalf, and consider pre-charge engagement to help bring matters to a conclusion more quickly. 

Q: How do the CPS make the decision to charge someone with an offence? 

A: The Crown Prosecution Service (CPS) applies what is known as the Full Code Test when deciding whether to charge someone. This involves two key stages: 

1. Evidential Stage- is there sufficient evidence to provide a realistic prospect of conviction? 

1. Public Interest Stage- is it in the public interest to proceed with a prosecution?
    

If the evidence is not strong enough, or if prosecuting would not serve the public interest, the CPS may decide not to charge. At Burton Copeland, we can make formal representations to the CPS before a charging decision is made, often with the goal of preventing prosecution altogether. 

Q: What can Burton Copeland do to prevent a prosecution? 

A: One of the most effective tools we use to prevent prosecution is pre-charge engagement- a voluntary process between the suspect (through their legal representative) and the investigators after the initial interview under caution. 

Pre-charge engagement may involve: 

• Responding to additional lines of enquiry raised by investigators 

• Providing access to digital evidence or medical records 

• Identifying potential defence witnesses 

• Supplying expert or forensic reports that may negate the prosecution case
   

While formal representations aren’t always possible, we work proactively to ensure the police and CPS are presented with all relevant defence material, which may include: 

• Text messages, emails, and social media content 

• Medical or psychological reports 

• CCTV footage or location data 

• Chronologies and timelines that support the defence 

• Statements from witnesses who may not have been contacted by police
   

We also examine the motivation or context behind any allegations and, where appropriate, highlight these to investigators. Our goal is always to avoid charge where possible, protecting your reputation, freedom, and peace of mind.