Pre-charge engagement refers to the correspondence between the parties to an investigation after the first police interview under caution and before any suspect has been formally charged. It is a voluntary process and is encouraged as an important part of the investigation before a charging decision is made. The aim of pre-charge engagement is to avoid a charge and to obtain a decision of ‘no further action’ (NFA).
Anybody involved in the investigation may initiate pre-charge engagement including the officer, the suspect’s solicitor or the unrepresented suspect. It takes place in a more informal way than an interview and may include telephone calls, emails or face-to-face conversations.
Examples of pre-charge engagement
Pre-charge engagement may involve, amongst other things, the following:
- Giving the suspect the opportunity to comment on any proposed further lines of inquiry;
- Ascertaining whether the suspect can identify any other lines of inquiry;
- Asking whether the suspect is aware of, or can provide access to, digital material that has a bearing on the allegation;
- Discussing ways to overcome barriers to obtaining potential evidence;
- Agreeing any keyword searches of digital material that the suspect would like to be carried out;
- Obtaining a suspect’s consent to access medical records; and
- The suspect identifying and providing contact details of any potential witnesses;
Pre-charge engagement is encouraged by the Code of Crown Prosecutors and “may impact decisions as to charge”. Our team of Criminal Defence Solicitors pride themselves on pro-active and constructive pre-charge engagement which, in some cases, may prevent some weaker cases from being taken to Court. Individuals accused of a crime may then avoid the unnecessary stress and expense that Court proceedings create.
Recent NFA wins from pre-charge engagement
- R v D
D was represented by both Hannah Costley and Rachel Fletcher in a police interview for an offence of sexual assault and an offence of rape. D received no further action for both offences following considerable pre-charge engagement despite the Officers reluctance to engage.
- R V E
Hannah Costley represented E in a police interview following an allegation of historic rape. E received no further action. E remarked “Hannah did a lot of work behind the scenes speaking to various departments on my behalf and being stern and proper with the Police. Hannah advised me throughout the process about what would most likely happen and the best way to deal with it. This helped my MH and assured me she will do her best.”
- R v H
H was arrested for an offence of grievous bodily harm. Rachel Fletcher advised H in an interview that despite restorative justice being offered by the Police, Rachel disagreed with any out-of-court disposal, and conducted significant pre-charge engagement which led to the case against him being dropped.
- R v T
T transferred his case to Hannah Costley from his legal aid solicitor following his release from Police custody. T had been arrested for an offence of rape. After 1 year of being under police investigation T received no further action.
- R v R
R was interviewed by the Insolvency Service and a charge was indicated early in proceedings. Due to the advice and support provided by Rachel Fletcher, R received no further action.
- R v T
Mr T was under police investigation for an offence of rape. Mr T was also interviewed in regard to a potential S18 assault as he had failed to inform the complainant that he was HIV positive. Despite being represented by a local firm, Mr T transferred his matter to us due to our experience representing LGBTQ+ defendants and our knowledge of the progress made in managing and treating HIV. Within weeks of instructing, Mr T was no longer subjected to bail, and he was released under investigation. Mr T was acquitted of both offences, and we successfully applied through ACRO to have his information deleted from the Police Database.
Contact a Specialist
Our criminal defence team are highly experienced in successful pre-charge engagement, and will do all they can to keep things out of court and reduce stress. Reach out to our specialists on 0161 969 3131 or fill in our contact form and we’ll be in touch as soon as possible.