Pre-Charge Engagement

What is Pre-Charge Engagement?

​

Pre-Charge Engagement is outlined in Annex B of ‘The Attorney General’s Guidelines on Disclosure 2024’ which aims to assist all parties involved in a criminal investigation including prosecutors, suspects and their legal representatives. The process may, among other things, involve:

• Suggesting further lines of enquiry;

• Identifying and providing details of potential witnesses;

• Clarifying whether expert or forensic evidence is agreed.

 

By engaging early, our aim is to influence the direction of a police investigation, challenge weak allegations and present defence evidence before decisions are made by the police.

 

We are not afraid to stand up to the police and prosecuting authorities. Where offences are denied and/or where the prosecution evidence is weak, we will endeavour to persuade the Prosecuting Authority that there is not a realistic prospect of a conviction.

 

In cases where offences are admitted, we are frequently successful in proposing that an out of court disposal, for example a caution, is a more appropriate alternative than proceeding to court. Or we may be able to argue that a prosecution is not in the public interest.

 

Leah Hester, Senior Associate at LMP Legal states: "Many of our clients’ cases are resolved before they are even charged with an offence. For individuals and their families, this means avoiding the immense stress, uncertainty, and financial strain of facing a prosecution. By engaging early, we work to protect not just our clients' legal rights but also their well-being, ensuring they can move forward with their lives without the weight of a criminal case hanging over them."

 

Pre-Charge Engagement Services

Pre-charge engagement takes place following a police interview and before any charges have been brought. This often requires presenting a defence case early in the process, which may include:

• Identifying and obtaining defence witness statements;

• Instructing forensic and other expert evidence;

• Advancing written representations to challenge the prosecution case;

• Highlighting weaknesses in the prosecution evidence;

• Proactively engaging with the police and Crown Prosecution Service (CPS) on your behalf.

 

Successfully engaging in the pre-charge process demands specialist criminal defence expertise. Lawyers handling these cases must have a deep understanding of criminal law and procedural rules, skilled in assessing complex evidence and drafting persuasive legal arguments.

 

Protect Your Future – Get Legal Advice Now

No one expects or wishes to be the subject of a criminal investigation. If you are under police investigation, taking immediate action is essential even if you believe that an allegation is false and that you are innocent. Contact our expert criminal defence lawyers today for confidential legal advice. The earlier we are involved, the stronger your defence will be.

 

If you or a loved one is facing a criminal investigation or proceedings, please contact us to find out how we can help and represent you.