Proactive pre-charge representation solicitors acting for those under investigation in relation to criminal allegations
We don’t wait for events to unfold – we take control. As experts in pre-charge representation, Olliers’ proactive approach ensures we are on the front foot from the outset. We pre-empt issues and build a robust defence strategy from day one. We take control and ensure our clients are in the best possible position.
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 interview. 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.
Our team of over 25 defence lawyers place huge emphasis on the pre-charge stage of a case. Put simply, it is what we do.
The Olliers’ pre-charge strategy
During any criminal investigation, we will always look to make 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.
Watch Matthew Claughton explain how pre-charge engagement could benefit you:
Pre-charge engagement is the process that takes place after someone has been interviewed at a police station under caution, and rather than them just sit tight and wait for an investigation to take place, it’s open for them to instruct lawyers who can then engage with the investigators and it’s the opportunity for the defence to go on the front foot rather than do nothing and allow the prosecution or the investigators to get on with their investigation, submit a file to the crown prosecution service and for a decision to be made. So, with pre-charge engagement the defence team can approach investigators and then suggest lines of inquiry that may be useful for the defence and for the purposes of the investigation and the whole process from a defence perspective is ensure that it’s much more two-sided and that the appropriate and right decisions are made at the end of the case. What flows from effective pre-charge engagement is representations against charge and that’s where the defence will make representations to investigators and ultimately to the crown prosecution service arguing that in accordance with what’s known as the charging standard there is not either a realistic prospect of a conviction or that a prosecution is not in the public interest.
All prosecutors, whether from the crown prosecution service or other prosecuting authorities, are bound by the code for crown prosecutors and specifically the charging standard, and under the charging standard there are two tests that have to be met. Firstly, there must be a realistic prospect to the conviction, in other words the case must be strong enough, and secondly, a prosecution must be in the public interest and if those two tests are met, then a prosecution can commence. It’s the role of the defence during the pre-charge stage of the case to persuade make representations to the crown prosecution service that there is not either a realistic prospect of a conviction or that a prosecution is not in the public interest.
There’s an awful lot that can be done to prevent a prosecution. Following an interview at a police station, it’s crucial that the defence look at everything that can be done to contradict or undermine what is being alleged during the police interview, and it’s at that point once that preparation has been done, that the defence would seek to become involved in pre-charge engagement with investigators and look at all the weaknesses in the prosecution case. Once that’s done, then effective representations against charge can be made arguing that the charging standard is not met, there’s not a realistic prospect to the conviction or that the prosecution is not in the public interest.
It could be messaging between parties, it could be social media activity, it could be material in the possession of third parties such as courts, councillors, hospital medical records, school records, it could be CCTV evidence, it could be witnesses, character witnesses or witnesses to an alleged incident. The list is not exhaustive, and the message at Olliers Solicitors is if you as a suspect, have got something that you want to draw to our attention then tell us about it and we’ll make the decision as to whether it can be used on your behalf.
Bail conditions can be varied quite informally by liaison with the investigating officer, that would require consent, and if that can’t be obtained it can be done by way of an application to the courts.
Investigations can vary in length depending on the allegation under investigation, the police force investigating it and the material that needs to be looked at by the police. Wherever possible, we will do whatever we can to accelerate the process, but our ultimate objective is a successful outcome for our client which means no further action is taken against them.
Instructing Olliers following representation by a duty solicitor at the police station is the easiest thing in the world. We frequently act for clients who’ve been represented by the duty solicitor and then come to us because they want a proactive approach to their investigation.
The public funding available for this area of work is very limited and it would not allow Olliers to undertake the work that we need to do for effective pre-charge representation.
How Olliers can help prevent a prosecution
Being under investigation can feel frightening and out of your control. At Olliers, our focus is on intervening early, taking pressure off you, and doing everything possible to prevent a case from progressing to charge.
In many cases, pre‑charge engagement is the most effective way to avoid prosecution altogether. This involves proactive, strategic engagement with the police or other investigators after the initial interview under caution and before any charging decision is made. Handled properly, this stage can be decisive.
What pre‑charge engagement involves
Our experienced pre‑charge team uses this period to ensure investigators have a full, accurate understanding of the case, rather than a one‑sided or incomplete picture. This may include:
- Giving you a structured opportunity to comment on further lines of enquiry
- Identifying alternative lines of enquiry that investigators may have overlooked
- Assisting with access to relevant digital material where appropriate
- Working with investigators to overcome obstacles to obtaining evidence
- Agreeing proportionate keyword searches of digital devices
- Managing requests for medical or other sensitive records
- Identifying and providing details of witnesses who support your account
- Clarifying whether expert or forensic evidence is required or agreed
Every step is carefully considered. We do not volunteer material unnecessarily, and we always act in your best interests.
Building the case against charge
It is not always possible to make formal written representations immediately. However, our approach is always proactive. We focus on ensuring investigators are presented with material that supports the defence and undermines the case for charge, including:
- Relevant texts, emails and other electronic communications
- Social media activity placed in its proper context
- Enquiries into CCTV and other third‑party evidence
- Internet history and research that supports your account
- Medical or other expert evidence where relevant
- Detailed timelines and chronologies that expose inconsistencies
- Tracing, interviewing and presenting witnesses who support the defence and inviting investigators to speak to them
Where appropriate, we may also draw attention to information that explains why an allegation has been made, particularly where there are motives, misunderstandings or background issues that investigators need to understand.
Our aim at every stage
Our objective is always the same: to prevent you from being charged wherever possible. We do this by engaging early, thinking strategically, and ensuring that decisions are made on the basis of complete, balanced and accurate information.
Clients come to Olliers because we understand how much is at stake at the pre‑charge stage and because we know how to use this critical window to protect your future.
| Term | Full meaning | What it means in practice | Why it matters |
|---|---|---|---|
| PCE | Pre‑Charge Engagement | A voluntary process where a suspect, through their solicitor, engages with the police and CPS during a criminal investigation but before any charging decision is made. It allows the defence to provide information and evidence that support the defence, clarify issues and influence the direction of the case early on, often with the aim of ensuring the case does not result in prosecution. | Early engagement can correct misunderstandings, highlight weaknesses in the case and reduce the risk of unnecessary charges. It gives you a voice before decisions are made. |
| PCR | Pre‑Charge Representations | Formal written submissions made by a solicitor to the CPS or police arguing why a suspect should not be charged. These address the evidential test i.e. there is not a realistic prospect of conviction, the public interest test i.e. that it is not in the public interest to prosecute, or both. | Well‑timed pre-charge representations can result in No Further Action and prevent the stress, cost and reputational damage of criminal proceedings. |
| RUI | Released Under Investigation | Release without bail conditions while enquiries continue. There are no restrictions, but the individual remains under criminal investigation and may be contacted again by the police. Prosecution is still a possibility. There are no specific time constraints and many individuals can remain released under investigation for lengthy periods. The investigation should however be conducted diligently and expeditiously. | Although less restrictive than bail, RUI can leave people in prolonged uncertainty. Legal advice helps manage delays and push the case towards resolution. |
| NFA | No Further Action | A decision by the police or CPS not to proceed with a prosecution. The investigation ends and no charges are brought. The ultimate objective for many criminal investigations. | NFA brings closure. Achieving this outcome as early as possible limits stress, disruption and long‑term consequences. |
| Bail | Pre‑Charge Bail | Formal release from custody subject to bail conditions such as reporting requirements or contact restrictions, with set review dates. Usually a suspect will initially be bailed for three months with extensions to these being available to the police. | Bail conditions can significantly affect daily life. Early legal intervention can challenge unnecessary conditions or shorten the bail period. |
The police receive a complaint and investigate. In many cases the police will arrest the suspect promptly or sometimes arrange a voluntary interview for less urgent or historical cases.
The suspect is interviewed about the allegations at a police station under caution, meaning anything said can be used as evidence. This can either be by way of a voluntary interview or as an interview 'under arrest'. A solicitor can be present to advise and protect your rights during questioning.
You may be released on bail or "under investigation" without conditions while the investigation continues. Pre-charge bail involves formal conditions and set review dates. Released under investigation (RUI) means you are not on bail and are released without conditions while enquiries continue. Breaching bail conditions can have consequences, whereas RUI does not impose restrictions, although you remain under criminal investigation.
After the initial interview, police and investigators gather further evidence (witness statements, forensic evidence, digital data, etc.) to build the case. At Olliers we don't wait for charges to be brought; we intervene from the earliest stages and specialise in early, proactive intervention at the pre-charge stage. We preempt issues and build a robust defence strategy from day one. Through pre-charge engagement with investigators before any charging decision, we will present evidence and arguments in your defence to try to prevent a charge from being authorised.
Once the police conclude their investigation, they send the file to the Crown Prosecution Service. The CPS assesses whether there is enough evidence for a "realistic prospect of conviction" and if a prosecution is in the public interest. If charging criteria are not met, the case will be closed with no further action. Many allegations do not proceed to a charge. If a charge is authorised, you will be formally charged and given a court date.
Are you a parent of family member of someone under criminal investigation?
If someone you care about is under police investigation and hasn’t been charged yet, we understand that it’s an extremely stressful and frightening time for your family. You’re worried about your child’s or loved one’s future and unsure how to protect them. The good news is you can help, and acting early can make all the difference. At Olliers Solicitors, we specialise in guiding families through the pre-charge investigation stage with compassionate, proactive legal support, aiming to keep your loved one safe and, wherever possible, prevent charges from ever being brought.
Successful Case studies
At Olliers we regularly achieve no further action as a result of our proactive and front footed strategic approach with pre-charge engagement.
A selection of our recent successful pre-charge case studies can be read for sexual offences, rape, indecent images of children, controlling and coercive behaviour, domestic allegations and other criminal offences.
Some frequently asked questions
Precharge engagement is a voluntary process where a suspect, through their solicitor, engages with the police and CPS after interview but before a charging decision is made. It allows the defence to provide relevant material, clarify issues, suggest further enquiries and address weaknesses in the case. The aim is to help decisionmakers reach a fair and informed outcome at the earliest possible stage, which can include No Further Action.
Precharge engagement is an ongoing, cooperative process during the investigation, often involving dialogue and the exchange of information. Precharge representations are formal written submissions made to the CPS or police, usually when a charging decision is imminent. Engagement helps shape the investigation, while representations set out clear legal arguments as to why a charge should not be authorised.
Yes, precharge representations can prevent a charge if they demonstrate that there is insufficient evidence or that a prosecution is not in the public interest. Welltimed and carefully prepared representations can result in No Further Action or an alternative outcome, although no solicitor can guarantee the decision.
You should instruct a solicitor as early as possible, ideally before attending a voluntary police interview or immediately after arrest. Early legal advice helps protect your position, manage interviews, guide precharge engagement and reduce the risk of unnecessary or premature charges.
During the precharge period, a solicitor reviews the evidence, advises on interviews and bail conditions, liaises with the police and CPS, manages precharge engagement, prepares representations, requests disclosure and may instruct expert witnesses. Their role is to proactively influence the investigation and pursue the best possible outcome before any charging decision.
There is no fixed timescale. Some cases are resolved within weeks, while others can take several months or longer, particularly where digital evidence, forensic analysis or expert reports are involved. Active defence engagement can help avoid unnecessary delays and keep the case moving.
Released under investigation (RUI) means you are not on bail and are released without conditions while enquiries continue. Precharge bail involves formal conditions and set review dates. Breaching bail conditions can have consequences, whereas RUI does not impose restrictions, although you remain under criminal investigation.
Why choose Olliers
Olliers is fuelled by passion, meaningful values and a genuine desire to deliver the best outcomes for our clients. We believe that supporting our clients through their legal journey is as important as the right outcome. Olliers are approachable, non-judgemental and genuine. We build authentic, caring relationships with clients and are genuinely invested in their wellbeing.
This is the most important decision you will ever make so invest in the best. This is a critical investment in your life and for your future. Your future deserves nothing less than the best possible defence and the peace of mind that you have paid to have the best team possible in your corner. Clients choose Olliers when making the right choice really matters.
Under investigation? Contact our criminal pre-charge investigations solicitors
Being under investigation can feel uncertain and unsettling. Early, experienced advice can make a decisive difference. Our specialist precharge solicitors will explain the process, protect your position and engage with the police and CPS at the earliest stage. Our precharge team advises from day one and can makes representation on your behalf before any charging decision is taken.
If you would like to discuss how we can proactively assist you in relation to your case at a pre-charge stage, contact us by telephone on 020 3883 6790 (London) or 0161 834 1515 (Manchester) , by email to info@olliers.com or complete the web enquiry form below and we will contact you.
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Manchester
Head Office
- 0161 8341515
- info@olliers.com
- Fourth Floor, 44 Peter Street, Manchester, M2 5GP