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Expert legal representation before a charging decision is made
If you have been interviewed by the police and released on bail or under investigation, the legal process is not over. While you wait, the police and Crown Prosecution Service (CPS) actively review your case to decide whether to bring formal charges. This post-interview period is a critical window for Pre-Charge Representation (PCR). Early, proactive legal intervention can influence the charging decision and, in many cases, prevent a criminal prosecution from reaching court entirely. Do not wait for a charging decision to seek legal advice.
What is pre-charge representation?
Pre-Charge Representation consists of specialist legal actions taken by solicitors between a police interview and a formal charging decision.
Unlike standard reactive legal advice, pre-charge representation involves proactive communication with investigators to provide context, highlight evidential flaws, or submit new evidence. The primary objective of this work is to secure a “No Further Action” (NFA) result before a case is registered with the court system.
What’s the difference between pre-charge representation and pre-charge engagement?
The two are closely related but not the same. Pre-charge representation is the broad term for all the proactive work a defence solicitor carries out during an investigation, before a charging decision is made; gathering evidence, advising on bail, and putting your case to the police and CPS.
Pre-charge engagement is a more specific, formally recognised process: voluntary communication between the defence and investigators or prosecutors after the first interview under caution, conducted within the framework of the Attorney General’s Guidelines on Disclosure
In other words, pre-charge engagement is one of the tools used within a wider pre-charge representation strategy, and at Lawtons we use it where it is tactically advantageous to do so.
Why instructing a solicitor immediately is crucial
Many individuals are advised by duty solicitors or police officers to “wait and see” after an interview. At Lawtons, we carefully consider whether this is the correct advice or whether your case demands a more proactive approach.
The interval between a police interview and a charging decision is when the prosecution’s case is most susceptible to challenge. Once a formal charge is authorised, the legal momentum shifts toward a public court appearance, narrowing the opportunity for a case to be dismissed. Instructing Lawtons during the investigation phase ensures your defence starts building while the CPS is still evaluating their evidence.
Our pre-charge representation strategy
Independent evidence gathering
Where possible Lawtons solicitors secure witness statements, digital forensics, and CCTV footage independently of the police to support a client’s account.
Formal written representations
We submit detailed arguments to the CPS based on the ‘Full Code Test’, arguing that a prosecution lacks a realistic prospect of conviction or is not in the public interest.
Engage directly with investigators
Our team engages with police investigators to request disclosure and ensure all investigative leads that favour the suspect are pursued under the Criminal Procedure and Investigations Act 1996 (CPIA).
Continuous legal advisory
Clients receive direct access to their designated solicitor, providing clarity on bail conditions, investigation timelines, and potential outcomes.
Under investigation or on bail? Contact Lawtons 24/7 for specialist pre-charge representation.
Do written pre-charge representations help in every case?
Not always. Written representations are most effective where there is a genuine weakness in the prosecution’s case to highlight, or where new evidence can be put forward — for example, material that undermines a complainant’s account or points investigators towards another line of enquiry. In these situations, a well-prepared submission to the CPS can be the difference between a charge and a “No Further Action” decision.
In other cases, making representations too early, or disclosing your position before it is tactically sound, can do more harm than good. This is why we assess every case individually before deciding whether, when and how to make written representations. The decision is always based on what gives you the best chance of a favourable outcome.
Contact our specialist pre-charge representation lawyers
If you have been interviewed and released under investigation on bail, the time to act is now – not after a charging decision has been made. Our specialist team can review your case, advise on the strongest course of action, and engage with investigators on your behalf while the prosecution is still weighing its evidence.
Contact Lawtons 24/7 on 033 577 0522 or make an enquiry online to speak to a solicitor about your case.
Frequently Asked Questions
Is pre-charge representation worth it?
| Yes, in some cases, pre-charge representation is the most effective way to prevent a case from reaching court and avoid the reputational damage of a public trial. We offer a bespoke service and recognise that each case is unique. |
When should I instruct a solicitor?
Should I wait for the police to contact me?
How much does pre-charge representation cost?
Can you get legal aid for a pre-charge engagement?