Criminal Investigations

Proactive lawyers acting for those under investigation in relation to criminal allegations

What sets Olliers apart from many criminal defence firms is the proactive approach we adopt during a criminal investigation. We have an excellent reputation for representation before the criminal courts but the best possible outcome is when an investigation ends without our client being prosecuted. 

We understand the stress and anxiety a criminal investigation can cause. The work we undertake for clients during this stage of the criminal process goes way beyond a police station attendance. Prior to and following an interview under caution, our team will do everything it can to minimise the likelihood of a client under investigation being charged with a criminal offence.

Throughout these pages there is repeated reference to the ‘Charging Standard’, ‘pre-charge engagement’, ‘representations against charge’, the need for a ‘realistic prospect of a conviction’ and the fact that a prosecution must be in the ‘public interest’. This is because our team of over 20 defence lawyers place huge emphasis on the pre charge stage of a case. Put simply, it is what we do. 

Our pre-charge strategy

During any investigation we will always look to making successful ‘representations against charge’. 

From the outset we will look at early pre-charge engagement with investigators.

We will closely scrutinise whether the ‘Charging Standard’ contained within the 2018 ‘Code for Crown Prosecutors’ is met. Wherever possible we will argue that there is not a ‘realistic prospect of a conviction’ or that a prosecution is not in the ‘public interest’ and that no further action should be taken against our client.

The police want to speak to me. What should I do?

Anyone asked to attend a police interview under caution should obtain immediate representation. We represent clients nationwide. Meticulous preparation for a police interview is crucial. There are now greater opportunities to prepare for voluntary interviews because prior notice of the interview is given and disclosure of a summary of the allegations can be provided to the defence. We will advise as to the best way of dealing with the interview whether in the form of a ‘no comment’ interview, the use of a ‘prepared statement’ or with our client answering questions.

I have been released under investigation. What happens next?

Following an interview, you may be released either on bail or ‘under investigation’. Whilst many defence lawyers adopt a passive approach to this stage, we do not. We will take stock of the situation and consider all questions put during interview. We will look at what additional steps need to be taken to rebut allegations. We will look at early pre-charge engagement with investigating officers.

We never lose sight of our endgame, which is effective representations against charge.

How do the CPS make the decision to charge someone with an offence?

The Code for Crown Prosecutors contains the Charging Standard and the Director of Public Prosecution’s Guidance on Charging 2020 sets out the requirements of investigators when submitting material to prosecutors. The defence lawyers at Olliers have a comprehensive knowledge of investigation and charging procedure ensuring the best outcomes for our clients.

What can Olliers do to prevent a prosecution?

Pre charge engagement is often the most effective means of preventing a prosecution. Pre-charge engagement refers to any voluntary engagement between parties to an investigation after the first interview under caution.

It may involve;

• Giving a suspect an opportunity to comment on further lines of enquiry
• Establishing whether a suspect can identify other lines of enquiry
• Asking a suspect whether they can provide access to digital material
• Discussing ways to overcome barriers to obtaining evidence
• Agreeing key word searches of digital material
• Obtaining a suspect’s consent to access medical records
• A suspect identifying and providing details of potential witnesses
• Clarifying whether expert or forensic evidence is agreed.

We may not always be able to make formal representations against charge; however, we will always look to provide the police or other investigators with sufficient material so as to prevent our client being charged. This may involve drawing their attention to material that supports the defence case, including the following:-

• Texts, emails and other electronic communication
• Social media activity
• Enquiries into CCTV
• Internet and other research
• Medical evidence
• Preparation of timelines and chronologies supportive of the defence
• Tracking down and speaking to witnesses who will support the defence case and subsequently invite the police to speak to these individuals.

On occasions we may draw to the attention of investigators information that sheds light on why a complaint has been made.

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