What Is Pre-Charge Engagement? 

If you’re under investigation for a criminal offence, it may be beneficial to consult a criminal defence specialist to determine whether pre-charge engagement is appropriate in your case.

• What is pre-charge engagement?
• What is the purpose of pre-charge engagement?
• Examples of pre-charge engagement
• Common examples of pre-charge engagement requests we have made
• Has Richard Nelson LLP successfully represented clients at pre-charge engagement in similar cases?
• Pre-charge engagement case studies
• Pre-charge engagement FAQs

If you would like to speak to a member of our criminal defence team about pre-charge engagement, please contact us today.

What is pre-charge engagement?

Police pre-charge engagement was introduced under the Attorney General’s Guidelines on Disclosure (2020). It refers to voluntary communication between a suspect (or their legal representative and the police/CPS. This communication happens whilst a suspect is under investigation, before any charging decision is made. 

What is the purpose of pre-charge engagement?

The desired outcome of a police investigation is for no further action to be taken against a suspect.

The purpose of making pre-charge engagement requests is to ensure that the police thoroughly explore all lines of enquiry and gather all information that supports the suspect’s case, potentially leading to a decision of no further action. The Guidelines confirm that pre-charge engagement is encouraged by the Code for Crown Prosecutors and can influence charging decisions.

Examples of pre-charge engagement

Every case is unique, so the nature and extent of pre-charge engagement can vary significantly from one case to another. We find it can be extremely helpful in cases such as domestic violence, rape and sexual assault. 

Annex B of the Attorney General’s Guidelines on Disclosure 2024 (which is currently the most up-to-date guidance) suggests that pre-charge engagement may include 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, such as revealing encryption keys. 
• Agreeing to any keyword searches of digital material that the suspect would like carried out. 
• Obtaining a suspect’s consent to access medical records
• The suspect identifying and providing contact details of any potential witnesses.
• Clarifying whether any expert or forensic evidence is agreed and, if not, whether the suspect’s representatives intend to instruct their own expert, including timescales for this.

Common examples of pre-charge engagement requests we have made

We often identify witnesses who may support a suspect’s case. The term ‘witness’ is not limited to eyewitnesses; it can also include individuals who were involved in interactions between the complainant and the suspect after the alleged incident and can provide valuable insight into the complainant’s behaviour. Initially, we request that the police obtain statements from these witnesses. However, if the police do not, we can take the statements ourselves and provide them to the investigating officer.

Lots of cases can unfortunately come down to one person’s word against another, which can still be enough to authorise a charge. This is why it is crucial to challenge a complainant’s credibility at an early stage.

As a part of pre-charge engagement, we often request that the police conduct third-party material checks on the complainant. These checks include looking into whether the complainant has any existing mental health issues, issues with social services and school and whether they have a history of making false allegations to the police. 

Clients often possess evidence that supports their case, such as messages or photographs with the complainant. This evidence can offer valuable insight into why a complainant may have lied or discredit the complainant’s account. This is why it’s crucial to submit it to the police at the earliest opportunity.

We frequently handle cases involving online offences, such as the possession or distribution of indecent images of children. Clients often instruct us that their devices were hacked. However, when the police analyse a client’s devices, their experts may not investigate hacking unless this defence is explicitly raised. For this reason, we commonly use pre-charge engagement to request that the police examine specific areas of the device that would support that hacking occurred. 

Pre-charge engagement may also include making representations to the police that it is not in the public interest to charge the case. When the CPS make a charging decision, they apply a two-fold test:

1) Is there a realistic chance of conviction;
2) and is pursuing a prosecution in the public interest?

There can be many reasons why pursuing a charge may not be in the public interest, such as the client’s age at the time of the offence. We frequently make representations to the police highlighting these factors. These representations are then forwarded to the CPS as part of the police’s case file and are considered when making a charging decision. 

At Richard Nelson LLP, once instructed, we promptly arrange a conference with the client to discuss their case in detail and develop a tailored action plan, which includes any relevant pre-charge engagement we consider appropriate.

Has Richard Nelson LLP successfully represented clients at pre-charge engagement in similar cases?

Yes, Richard Nelson LLP is highly experienced in successful pre-charge engagement.

The case studies provided clearly demonstrate the firm’s expertise in handling a diverse range of serious allegations through proactive pre-charge engagement. They regularly achieve a result of No Further Action (NFA) or discontinuation in cases involving sexual offences, indecent images, domestic and assault allegations, child cruelty and youth offenders.

Pre-charge engagement case studies

Representation for a youth offender resulted in no further action

We represented a client who was under 18 years old at the time of his arrest for possession of indecent images of children. He was subjected to an extremely lengthy investigation, with his final police interview taking place nearly four years later.

Shannon Keenan made extensive representations to the CPS, arguing that a prosecution was not in the public interest due to the client’s age at the time of the offending and the excessive duration of the investigation. As a result of these representations, a decision of no further action was made.

Swift submission of exculpatory evidence resolved child cruelty allegations

We represented a client who was under investigation for child cruelty towards two of his private music tuition students. The client had been under investigation for 4 months when he instructed our firm.

Jacqui Callan and Lily Nutbrown swiftly met with the client to take his instructions. It was immediately clear that the client had evidence that supported his case, which the police needed to see; this was in the form of thank-you cards from the complainants and their parents. Within a week, the case was dropped.

This client said the following:

No coincidence that after contacting Richard Nelson with a particular Solicitor in mind Jacqui Callan – less than a week later my case (after over 4 months) was dropped – no further action by the CPS and Police It pays to engage people who understand the rules and are the best at what they do. The innocent must be protected.

Pre-charge engagement successfully undermined the credibility of an assault complainant

Darren Young was instructed to represent a gentleman of previous good character who was alleged to have assaulted his former wife in the presence of her friend, who had come forward as a corroborative witness.

The client was able to provide information regarding the complainant’s previous behaviour towards him and his daughter, which had caused them to move away from the area where they had originally resided. Before representing the client in a police interview, we engaged with the investigating officer in order to provide him with several reasonable lines of enquiry which we felt would support our client’s case as part of pre-charge engagement.

These enquiries primarily highlighted the complainant’s aggressive and antagonistic behaviour toward our client and his daughter, as well as offering methods of independently corroborating the same. We subsequently represented our client in an interview where he outlined the fact that the complainant had made the malicious allegation due to previous difficulties between the parties, and although he had used force upon the complainant, this had been necessary, proportionate and reasonable self-defence given the complainant’s previous behaviour towards him and his daughter.

Two days later, the officer had been able to substantiate the matters raised in pre-charge engagement, thereby confirming the client’s assertions that he had been subjected to harassment by the complainant on several occasions.

This undermined the reliability and credibility of her complaint, resulting in the police taking no further action in the case, as there was no realistic prospect of conviction.  

The client said the following:

Darren proved to be very professional, hard working and efficient while remaining human and empathetic. He was also clear and fair. Nobody can take your hand in these tough situations, but they can go at your pace, lay out the facts clearly and help you focus on the key issues. I felt that Darren knew his area of expertise, demonstrated competence so that I could trust him, and then I was able get on with matters at hand. It’s a thumbs up from me. Thank you.

Securing crucial CCTV evidence led to a prompt discontinuation of a rape allegation

We were instructed by a client facing a rape allegation following a one-night encounter during a work trip. In May, the client met with Jacqui Callan and Lily Nutbrown, where it became clear that CCTV evidence was crucial. We wrote to the police outlining the route the client and complainant took from a bar to the hotel and requested CCTV footage from these locations.

By June, after reviewing this evidence, the case was no further actioned.

A comprehensive submission of good character evidence ended sexual allegations against a young professional

The firm was instructed by a young person with the prospect of a successful professional career; he faced allegations of a sexual nature. The allegation was alleged to have taken place on a family holiday.

As part of the investigation, Jacqui Callan undertook various forms of pre-charge engagement, which included: taking witness statements from family members, reviewing social media and submitting relevant posts to the police, submitting text messages between the complainant and the suspects’ mum and obtaining a reference from the suspects’ school, which highlighted his good character.

As a part of this case, we also made representations to the FA that our client should be able to continue his football career whilst the investigation remained ongoing. This was granted, and later down the line, the police took no further action against him. 

Photographic evidence of good relations led to the discontinuation of a sexual offence case

We were instructed by a young man accused of a sexual offence against a fellow university student.

During our initial meeting, he provided photographs from the night of the alleged incident. These images showed him and the complainant appearing happy and comfortable together, just an hour after the time she alleged the incident occurred.

After thoroughly reviewing the photos, we submitted them to the police as part of a pre-charge engagement. Following this, the case was discontinued. 

CCTV and a requested witness statement ended a rape allegation from an ex-partner

Our firm was instructed by a man who faced an allegation of rape made by his ex-partner.  The complainant had asked to come around to the suspects’ house to have sex on her lunch break.

Afterwards, our client decided he did not want to see the complainant anymore, and she later reported him for rape. As a part of pre-charge engagement, we submitted CCTV from his front door, which displayed the complainant leaving the house and laughing with a friend who picked her up. We also asked the police to take a statement from this friend.

This case was no further actioned by the police following our requests. 

A focus on device hacking resulted in no further action for possession of indecent images

We represented a client facing allegations of possession of indecent images. The client informed us that his devices had been hacked.

Following a conference with the client, Megan Delaney requested that the police experts investigate for evidence of hacking. We also submitted supporting evidence in the form of screenshots indicating previous hacking attempts.

After reviewing this evidence, the police concluded they could not disprove that hacking had occurred and decided to take no further action against the client.

Investigating third-party material swiftly resolved an allegation of sexual abuse

Our firm represented a client accused of sexual abuse against his daughter. During a conference with the client, Eve Patterson identified that the complainant had existing mental health issues and a history of making allegations.

Based on this, we requested the police to conduct third-party material checks, including reviewing the complainant’s behavioural records at school and social service involvement. Following these enquiries, the case was swiftly dropped.

Pre-charge engagement FAQs

Can a pre-charge engagement still be conducted if I gave a ‘no comment’ interview?

Many clients come to our firm following their arrest, where an interview under caution was conducted. In many cases, the client was represented by a duty solicitor and advised to give a no comment interview

Annex B of the Attorney General’s Guidelines on Disclosure 2024 confirms that a no comment does not preclude the possibility of pre-charge engagement. However, if extensive pre-charge engagement requests are made, the police may consider inviting the suspect in for a further interview under caution. 

At Richard Nelson LLP, we would be able to assist with representing you at any subsequent interviews. Sometimes, if a client gave a no comment interview but had information that supported their case or a defence to put forward, a further interview can be really beneficial.

What if some messages/photos assist my case, but they are on my seized devices?

Upon arrest, it is common practice for the police to seize electronic devices from a suspect. These devices often contain evidence that supports the client’s case.

While the police will review the suspect’s device, they may not always examine every part of it. As part of pre-charge engagement, we can instruct the police to focus on specific areas of the device and review evidence that supports the case.

Is it best to just wait and not engage a solicitor at the police station stage?

We often speak to enquiries who have been informed by their duty solicitor, ‘nothing can be done at this stage’ and ‘it is best just to wait’.

We strongly disagree with this approach; it is crucial to undertake pre-charge engagement. Without it, the CPS may overlook important evidence that could lead to a no further action decision. While a suspect may be able to present such evidence later as part of their defence if the case proceeds to trial, our goal is to avoid trial altogether and reach a resolution at the earliest possible stage.

Is legal aid available at the pre-charge stage?

Whilst everyone is entitled to legal aid at the police station, the scope of this is very limited and often does not include a solicitor engaging in pre-charge engagement. Therefore, if you wish to have pre-charge engagement undertaken, this will usually need to be arranged privately.

In any event, at Richard Nelson LLP, we operate solely as a private paying firm. We believe this allows us to dedicate more time and attention to each client, ensuring the highest level of service and support.

How do I speak to a solicitor about pre-charge engagement?

If you would like to speak to a member of our criminal defence team about pre-charge engagement, please contact us today.