Understanding what pre-charge engagement is and how this may affect you could directly influence whether you are charged with a criminal offence.

If you are facing a criminal investigation, early engagement with experienced criminal defence lawyers should be a paramount consideration.

What is it?

Pre-charge engagement involves you, or your Solicitor, taking proactive steps to counter the allegations levied against you to avoid formal criminal charges.

When you are suspected of committing a crime, the Police, or investigating authority, will carry out an investigation which should involve pursuing all reasonable lines of enquiry, whether these point towards or away from an individual of committing the alleged offence. 

Pre-charge engagement is a voluntary process, usually involving a suspect’s Solicitor and the Police or investigating authority. This occurs from the point of the first interview under caution, up to any formal charges being brought against you.

This voluntary process can be terminated at any time by either the suspect or the investigator. If a suspect chooses not to engage, it cannot be held against them at a later stage in proceedings.

How could this benefit me?

Most importantly for anyone facing a criminal investigation, if pre-charge engagement is handled correctly, it could see the investigation being concluded with no formal charge(s).

It can allow for early identification of lines of enquiry, which may uncover material which supports your case or undermines the evidence relied upon by the police or investigating authority. If you know of evidence which could aid your defence, it is important to tell your defence team about this as soon as possible.

Investigations can typically take a long time to progress and it may feel like you are stuck in a state of the unknown. However, pre-charge engagement can assist by speeding up the time it takes to deal with investigations by narrowing the issues in dispute and / or avoiding unnecessary lines of enquiry, resulting in quicker resolution. This accelerated process can reduce uncertainty and anxiety for a suspect.

It can also help inform a charging decision; this may avoid a case being charged that would otherwise be stopped later in proceedings, when further information becomes available.

What does it involve?

It involves corresponding with the Police or investigating authority, prior to a charging decision being made, allowing an opportunity to:

• Comment on proposed further lines of enquiry and discuss any potential barriers;
• Provide material or evidence which could lead to the investigation being stopped or no further action taken;
• Identify and contact potential witnesses to assist your position;
• Discuss the need for expert or forensic evidence and obtain the relevant expert reports to assist your case.

When does it apply?

Both parties must agree to pre-charge engagement; however, it is encouraged by the Code for Crown Prosecutors and may impact decisions as to charge.

There are no prescribed rules on which offences pre-charge engagement applies to, but they are not intended to cover plea discussions to an allegation of serious or complex fraud.

Choosing a criminal defence solicitor

Whether you choose to instruct our expert team of lawyers at JMW, who have extensive and specialist knowledge of the pre-charge engagement process with proven results, or a different firm, it is important to ensure that the firm you select fully understand the benefits of utilising pre-charge engagement.

How can JMW assist?

If you are subject to a criminal investigation, pre-chare engagement could be your first line of defence to increasing the likelihood of avoiding formal charges altogether.

At JMW, we understand that each case is different so what is required will be tailored to the specific needs of your case.

We can expertly navigate interactions with the Police and Prosecution, using our specialist skills to conduct a thorough analysis of the case against you and ensure a proactive approach is taken.

Our goal is to ensure you are supported during what, for many, is a worrying time. We will aim to set your case up for a swift and favourable conclusion and in the event that formal charges follow, your case will be in the strongest position to enable you to continue to defend it, giving you the best possible prospects of success.