Under investigation for fraud? Get expert pre-charge legal advice from specialist fraud solicitors. Early action can make a real difference before charge.
If you or your business are under investigation for fraud, what happens next matters. The steps taken before any charging decision can have a major impact on the outcome of the case. Early legal advice can make a real difference.
At Olliers, we act for individuals, professionals, directors and businesses facing allegations of fraud, financial crime and business crime. We understand how disruptive a fraud investigation can be. It can affect your reputation, your finances, your business and your peace of mind. Our approach is proactive from the outset. Wherever possible, we work to reduce the risk of charge and bring investigations to the best possible conclusion.
We are ranked as a Top Tier Crime and Fraud firm by the Legal 500 2026 and Chambers 2026, and listed in the Times Best Law Firms 2026. Olliers was also named Crime Team of the Year at the Manchester Legal Awards 2025, having won that award for the past three years and eight times since 2011. Our specialist team includes more than 25 defence lawyers.
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.
Under investigation for fraud but not yet charged?
Many clients come to us at the stage where they have not been charged but know that an investigation is under way. That may mean:
- you have been invited to a voluntary interview under caution
- you have been arrested or interviewed and then released on bail or released under investigation
- the police or another agency have contacted you about alleged fraud
- your home or business has been searched
- digital devices, records or assets have been seized
- you are dealing with a regulator or specialist investigator rather than the police alone
This is often the most important stage of the case. It is the point at which the evidence is being gathered, the scope of the investigation may still be developing, and decisions are being made about whether the case should proceed. The Code for Crown Prosecutors makes clear that prosecutors apply an evidential test and a public interest test when deciding whether a case should go ahead.
What is a fraud pre-charge investigation?
A fraud pre-charge investigation is the period before a formal decision is made to prosecute. During this stage, investigators may be gathering documents, reviewing financial material, examining digital evidence, interviewing suspects and witnesses, and preparing material for a charging decision.
In fraud cases, that can involve:
- bank records and accounting material
- Companies House documents
- emails, messages and social media
- mobile phones and computers
- witness evidence
- allegations made by employers, business partners, regulators or complainants
Investigations may be carried out by:
- the police
- the Serious Fraud Office
- HMRC
- the FCA
- the Insolvency Service
- Trading Standards
- other specialist investigators or regulators
An investigation may begin with a complaint from an employer, customer, colleague, business contact, regulator or financial institution.
Investigators may obtain statements, review documents, examine bank records or seek digital evidence.
You may be invited to a voluntary interview or arrested and 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 should be present to advise and protect your rights during questioning.
You may be released on bail or "under investigation" 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 interview, investigators may continue gathering evidence, consider further lines of enquiry and prepare the case for a charging decision.
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 investigators conclude their investigation, they send the file to the Crown Prosecution Service or other prosecuting agency. Prosecutors apply the Full Code Test, considering whether there is sufficient evidence for a "realistic prospect of conviction" and whether prosecution is in the public interest. That may result in no further action, further investigation, an out-of-court disposal in some cases, or prosecution.
Why early legal advice matters in fraud investigations
Getting advice early is not simply about having a solicitor attend an interview. In the right case, early legal work can shape the direction of the investigation and help prevent weak or misleading allegations from gaining momentum.
The current prosecution and disclosure framework recognises the importance of proper engagement before charge, including in relation to digital material and ongoing lines of enquiry. The Attorney General’s Guidelines on Disclosure were updated in 2024 and continue to emphasise effective engagement and the proper handling of material at the pre-charge stage, particularly in complex cases.
At Olliers, we look at what can be done straight away to protect your position in terms of pre-charge engagement. That may include:
- advising you before any interview under caution
- reviewing the allegation and likely evidence
- identifying material that assists your case
- suggesting reasonable lines of enquiry
- dealing directly with investigators
- making detailed pre-charge representations
- addressing issues around pre-charge bail, property seizure, freezing orders and reputational risk where relevant
How we help in fraud pre-charge investigations
If you have been asked to attend a voluntary interview or have been arrested for an alleged fraud offence, you should get legal advice before answering questions. The interview is not a formality. What is said, not said, or misunderstood at this stage can be important later.
We advise on:
- whether to answer questions
- what preparation is needed
- the likely focus of the investigators
- whether further information should be provided at that stage
- the wider strategy after interview
Representation at voluntary interview
A voluntary interview may sound informal, but it is still an interview under caution. It should be treated seriously. We prepare clients properly, attend interview, protect their position and advise on next steps afterwards.
Pre-charge engagement and representations
One of the most important parts of our work is what happens after interview and before charge. The CPS Code recognises that suspects or those acting for them may submit evidence or information before or after charge to help inform the prosecutor’s decision.
In fraud cases, this may involve:
- financial records
- business documents
- digital communications
- background material explaining transactions or decisions
- third-party material
- information that undermines the allegation or supports the defence case
Where appropriate, we make representations against charge, arguing that the evidential test is not met, that the case is not suitable for prosecution, or that further reasonable lines of enquiry need to be considered before any charging decision is made. The CPS Full Code Test requires sufficient evidence for a realistic prospect of conviction and a prosecution that is in the public interest.
Advice in SFO, HMRC and FCA investigations
Not every fraud case is a standard police investigation. We act in investigations involving specialist agencies and regulators, including cases with substantial financial material, complex business records or allegations of dishonest professional conduct.
Dawn raids, searches and seizure
Fraud investigations can involve dawn raids including searches of homes, offices and business premises, as well as the seizure of documents, devices and records. Immediate advice is often needed where there are urgent practical, legal and reputational issues.
Digital and disclosure strategy
Fraud investigations often turn on digital material. Emails, messaging, accounting systems, devices and third-party records can all be crucial. The 2024 Attorney General’s Guidelines specifically emphasise digital material and pre-charge engagement. In the right case, early work around digital evidence can be pivotal.
Can a fraud investigation be stopped before charge?
Sometimes, yes. Not every fraud investigation leads to prosecution. Whether a case can be stopped before charge will depend on the evidence, the issues in dispute, the quality of the investigation and the steps taken on behalf of the suspect.
Early legal work can help by:
- identifying weaknesses in the allegation
- providing material that assists the defence
- correcting misunderstandings
- narrowing the issues
- ensuring reasonable lines of enquiry are not overlooked
- making focused representations before a charging decision is made
No solicitor can promise that a case will not proceed. What we can do is act quickly, thoroughly and strategically to put you in the strongest possible position.
What should you do if you are accused of fraud?
If you are contacted about an allegation of fraud:
- do not assume it will simply go away
- do not attend an interview without advice
- do not provide documents or explanations without taking legal advice first
- do not ignore deadlines, bail dates or requests for attendance
- get specialist advice as early as possible
Fraud investigations are often document-heavy and fact-sensitive. Early mistakes can be difficult to undo.
Why choose Olliers for a fraud pre-charge investigation?
Clients instruct Olliers because they want more than a reactive response. They want solicitors who will get on the front foot early and do everything possible to protect their position. Our team’s work at this stage goes well beyond police station attendance and is focused, wherever possible, on preventing charge.
We offer:
- specialist defence representation for individuals and businesses
- experience in serious and complex fraud investigations
- proactive pre-charge engagement
- detailed representations against charge where appropriate
- clear, practical advice in plain English
- support across England and Wales from our Manchester and London locations
Contact our specialist fraud solicitors
If you or your business are under investigation for fraud, early advice is important. We can advise before interview, represent you during the investigation and, where appropriate, make pre-charge representations to try to prevent the case progressing.
We have offices in both London and Manchester and our specialist team of lawyers can advise and represent you in relation to your case. Contact our specialist team to discuss your case on 020 3883 6790 (London) or 0161 834 1515 (Manchester), email us at info@olliers.com or complete the form below.
Complete the form below and we will contact you
Manchester
Head Office
- 0161 8341515
- info@olliers.com
- Fourth Floor, 44 Peter Street, Manchester, M2 5GP