Pre-Charge Representations Solicitors
Proactive defence with pre-charge representation in criminal investigations
- Tax fraud, financial crime, money laundering and white-collar crimes.
- Rape, Sexual Assault and other sexual offences,
- Possession of Indecent Images and Sexual Communications with a Child,
- Violent crimes such as common assault, ABH, GBH and domestic violence,
What is Pre-Charge Representation?
Pre-charge representations are formal written submissions prepared by your solicitors and submitted to the Police or the Crown Prosecution Service (CPS) before a charging decision is made. Their purpose is to ensure that all relevant evidence, legal arguments and mitigating factors are fully considered before any decision is made about whether criminal charges should be brought.
Depending on the circumstances of your case, pre-charge representations may challenge the strength or admissibility of the evidence, address whether the evidential and public interest tests for prosecution have been satisfied, correct factual inaccuracies or provide additional information that supports your position.
Carefully prepared and strategically timed pre-charge representations can have a significant impact on the outcome of a criminal investigation. They may persuade the Police or CPS that no further action should be taken, helping you avoid the uncertainty, stress, expense and consequences associated with criminal court proceedings.
Pre-Charge Engagement
Pre-Charge Engagement is a voluntary process that allows a suspect, through their solicitor, to engage with the Police and the CPS, after the first PACE interview and while a criminal investigation is ongoing, and before a charging decision is made. It provides an opportunity to submit information or evidence that supports their account and address points relevant to the investigation.
This can be important because, by ensuring that the relevant information is considered at an early stage, your solicitor can help clarify misunderstanding or the issues under investigation.
At KANGS, our priority is to protect your interests throughout the investigation and present the strongest possible case for matters to be resolved without charge, where the evidence and circumstances allow.
Should I Wait to See if I Am Charged?
It is not uncommon for clients to come to us after receiving initial advice from a Duty Solicitor during a police interview. As the Duty Solicitor Scheme is limited to representation at the interview itself and does not extend to proactive legal representation, many are subsequently advised to simply "wait and see" whether a charging decision is made.
At KANGS, we take a proactive approach. Our solicitors seek to influence the direction of a case at the earliest opportunity, protecting our clients' interests and strengthening their position throughout the investigation. Where appropriate, we work to secure a decision of no further action and avoid criminal proceedings altogether.
Legal Advice for Voluntary Police Interviews
Our solicitors provide individuals and businesses with legal support in investigations conducted by the police and many other investigative authorities, including HMRC, Serious Fraud Office (SFO), Financial Conduct Authority (FCA), Competitions and Market Authority (CMA), and Trading Standards.
The interview stage of an investigation is often critical and will have an impact on the progress and outcome of your case. Our criminal defence and regulatory defence solicitors provide clear legal advice, ensuring you understand your rights, help you make informed decisions and are fully prepare you for every stage of the process.
How KANGS Can Help
If you or your business has been invited to attend a voluntary interview or under investigation for an alleged criminal offence our solicitors can assist by:
- representing and advising you during voluntary interviews under caution,
- engaging directly with the investigating authority on your behalf,
- challenging weak, inconsistent or unreliable evidence,
- preparing and submitting detailed and carefully considered pre-charge representations,
- providing clear advice, practical support and regular communication throughout your matter.
Whether you are facing allegations of a violent crime, sexual offence or fraud and require urgent advice before speaking to the authorities, our experienced defence solicitors will provide strategic legal advice, determined representation, and where possible, secure the best possible outcome before criminal charges are brought.
We service clients throughout England and Wales, from our offices in London, Birmingham and Manchester. Contact us for a confidential consultation.
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Pre-Charge Representation FAQs
What is the difference between pre-charge engagement and pre-charge representations?
Pre-charge engagement often refers to voluntary discussions between the accused’s legal representatives and the investigating authority. Examples include giving the suspect the opportunity to comment on further lines of enquiry, provide details of potential witnesses, or discuss ways to overcome barriers to obtaining evidence.
Whereas pre-charge representations are usually formal written submissions made to the police or CPS before a charging decision is made. Their aim is to provide additional information that supports your position and, where appropriate, prevent a charge from being brought. They can be particularly useful in cases where proceedings would likely be discontinued once further information comes to light.
Why Choose KANGS?
Pre-charge engagement often refers to voluntary discussions between the accused’s legal With more than twenty-five years of experience defending serious criminal allegations, KANGS has established a strong reputation for providing expert legal advice and strategic representation.
If you have been contacted by the police, the team at KANGS will make arrangements for the voluntary police interview, seek pre-interview disclosure and discuss a strategy for how we approach the interview.
Our team offers:
- Over twenty-five years' experience defending serious criminal cases.
- Top-tier rankings in Chambers UK and The Legal 500.
- 24-hour police station representation nationwide.
- Expertise across fraud and financial crime investigations, regulatory investigations, violent crimes and sexual offences.
- Strategic advice tailored to the facts of your individual case.
- Confidential, professional and discreet representation.
Contact KANGS
The experienced defence lawyers at KANGS are available to assist individuals facing police investigations and invited to attend voluntary interviews. We can arrange initial consultations in person at our offices in London, Birmingham or Manchester, by video call or telephone.
Please contact one of our experts listed below or contact us at:
Can pre-charge representations stop you from being charged?
No solicitor can guarantee the outcome of a criminal investigation. However, pre-charge representations can demonstrate that the prosecutor has not passed the evidential and public interest stages as set out in the ‘Code for Crown Prosecutors’ and therefore has no realistic prospect of a conviction.
How long does it take for a decision after pre-charge representations?
There is no set timeframe. In our experience, some cases are resolved within weeks, while others may take several months or longer. It all depends on the circumstances of your case.
What does NFA mean?
A No Further Action (NFA) decision means that the police or the Crown Prosecution Service (CPS) have concluded their investigation and decided not to bring any criminal charges against you. This is commonly because the police may have decided that the person did not commit a criminal offence or there is insufficient evidence to provide a realistic prospect of conviction.
Once a NFA decision has been confirmed, any bail conditions will usually come to an end and no criminal proceedings will follow. In most circumstances, a person will not be required to disclose the matter when asked about criminal convictions or cautions.
Should I have a solicitor before answering police questions?
Yes. It is strongly advisable to never attend a voluntary interview or answer police questions without first seeking legal advice. Regardless of whether you consider the allegation to be entirely unfounded, obtaining specialist legal advice before a police interview is one of the most important steps you can take.
Early legal representation can be instrumental in influencing the course of an investigation and protecting your position from the earliest stage.
What happens after voluntary interview?
Following a voluntary police interview, you will usually be free to leave while the police or investigating authority continue their investigation. Depending on the evidence available, you may be invited to attend a further interview, informed that charges will be brought, or notified that no further action will be taken.
Our criminal defence solicitors regularly submit pre-charge representations to the police and Crown Prosecution Service (CPS), seeking the swift resolution of investigations and helping clients avoid the stress and cost of criminal court proceedings.
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