| Investigation Stage | What Happens | How Early Legal Advice Helps |
|---|---|---|
| Initial Police Action (Referral & Search/Seizure) | Police receive intelligence (e.g. from an internet service provider or online monitoring) that leads them to suspect someone. They may execute a dawn search warrant at the suspect's home, seizing computers, phones, etc., and possibly making an arrest or arranging a voluntary interview. | Pre-Charge Advice: If you have any hint of being under scrutiny (for example, if a platform notifies you of a report), consult a solicitor immediately. If a search occurs, call a lawyer right away for on-the-spot advice. Early on, a solicitor can ensure police act lawfully, advise you on cooperating (or not) with initial requests, and later insist that any further police contact goes through them, preventing surprise visits. |
| Police Interview (Under Caution) | The suspect is questioned about the allegations and evidence (if arrested, usually during custody; if not arrested, in a scheduled interview). Police may ask for explanations and possibly request passwords for devices or accounts. After the interview, you might be released on bail or RUI while investigations continue. | During Interview: A solicitor attends the interview to protect your rights, ensuring you don't self-incriminate and that you understand questions. They advise when to answer or stay silent, based on disclosure. They can also clarify legal requests (like formal RIPA notices to provide passwords) so you don't mistakenly waive rights. |
| Digital Forensic Analysis (Months-long) | All seized devices are examined for illegal images by specialist units. This can take several months (often 6–12 months). Meanwhile, you may remain on police bail (with conditions) or under investigation without conditions. | Monitoring Progress: While evidence is processed, a solicitor stays in contact with investigators, pressing for updates and ensuring timely progress. They can also negotiate bail conditions if needed (for example, adjusting terms so you can continue working or supporting family, where appropriate). During this time, they may gather defence evidence (e.g. your digital footprint, witness statements) and advise you on beneficial steps like therapy or courses to strengthen your case. |
| Pre-Charge Decision (CPS Review) | The police and CPS review the evidence to decide if charges should be brought. They apply the "evidential test" and "public interest test" – is there enough evidence, and is prosecution necessary? | Pre-Charge Representations: Your solicitor can make pre-charge representations to the CPS/police, highlighting weak evidence or mitigating factors, and arguing why you should not be charged. They might propose alternatives to prosecution (e.g. a caution, if appropriate). This proactive defence engagement can sometimes tip the balance towards no further action or an out-of-court resolution. |
| If Charges Are Brought (Post-Charge) | You are formally charged and given a court date (sometimes by postal requisition). The case proceeds to the Magistrates' Court (and possibly Crown Court for serious matters) for plea and eventual trial or sentencing. | Post-Charge Strategy: Early preparation means your defence is ready. Your solicitor will have already identified key issues to challenge and prepared mitigation. They can often negotiate with the prosecution on charges (e.g. to limit counts to reflect actual culpability, such as treating "making" as possession) and ensure effective case handling in court. If pleading guilty, they will present comprehensive mitigation (character references, therapy completion, etc.) to seek the lightest possible sentence. |
| Type of Sentence | Effect | Youth vs Adult Sentence |
|---|---|---|
| Absolute Discharge | This is the lowest form of disposal once a case reaches court. No punishment is imposed. | Same for adults and youths |
| Conditional Discharge | Similar to an absolute discharge except with a condition to not commit another crime. If you do commit a further crime then you can be sentenced for the first offence as well as the new one. | Same for adults and youths |
| Fines | A fine should reflect the offence committed and the person’s ability to pay. | Where a child or young person is under 16, the parent or guardian is required to pay the fine and it will be their ability to pay that is considered. If an adult is fined, it will be their ability to pay that is considered. |
| Referral Orders | A referral order requires the child or young person to attend a youth offender panel and agree a contract, containing commitments, which will last between three months and a year. The aim is for the child or young person to make up for the harm they have caused and do something about their offending behaviour. An order must be imposed for a first offence where the child or young person has pleaded guilty (unless the court decides that another sentence is justified) and may be imposed in other circumstances. | Youths only |
| Youth Rehabilitation Orders | A Youth Rehabilitation Order is a community sentence. It can include one or more requirements that the offender must comply with and can last for up to three years. Some examples of the requirements that can be imposed are a curfew, supervision, unpaid work, electronic monitoring, drug treatment, mental health treatment and education requirements. | Youths only |
Absolute Discharge
Effect
This is the lowest form of disposal once a case reaches court. No punishment is imposed.
Youth vs Adult
Same for adults and youths
Conditional Discharge
Effect
Similar to an absolute discharge except with a condition to not commit another crime. If you do commit a further crime then you can be sentenced for the first offence as well as the new one.
Youth vs Adult
Same for adults and youths
Fines
Effect
A fine should reflect the offence committed and the person’s ability to pay.
Youth vs Adult
Where a child or young person is under 16, the parent or guardian is required to pay the fine and it will be their ability to pay that is considered.
If an adult is fined, it will be their ability to pay that is considered.
Referral Orders
Effect
A referral order requires the child or young person to attend a youth offender panel and agree a contract, containing commitments, which will last between three months and a year.
The aim is for the child or young person to make up for the harm they have caused and do something about their offending behaviour. An order must be imposed for a first offence where the child or young person has pleaded guilty (unless the court decides that another sentence is justified) and may be imposed in other circumstances.
Youth vs Adult
Youths only
Youth Rehabilitation Orders
Effect
A Youth Rehabilitation Order is a community sentence. It can include one or more requirements that the offender must comply with and can last for up to three years.
Some examples of the requirements that can be imposed are a curfew, supervision, unpaid work, electronic monitoring, drug treatment, mental health treatment and education requirements.
Youth vs Adult
Youths only
| Custodial Sentences | Effect | Age |
|---|---|---|
| Detention and Training Order (DTO) | This can last between four months and two years. | If a child or young person between 12 and 17 years old is sentenced in the youth court, they could be given a DTO. However, only those who are ‘persistent offenders’ between the age of 12–14 should be given a DTO. |
| Longer Term Detention | For more serious cases, longer-term detention can be imposed where the offence committed carries a maximum sentence of at least 14 years’ imprisonment or is one of the offences listed in section 250 of the Sentencing Code. | All those under 18 can be given a Longer Term Detention. |
| Detention for Life or Extended Sentence of Detention | A sentence of detention for life or an extended sentence of detention may be imposed if a child or young person is convicted of a specified offence and the Crown Court considers that there is a significant risk of serious harm to members of the public from them committing further specified offences. | All those under 18 can be given a Detention for Life or Extended Sentence of Detention. |
| Detention during His Majesty’s Pleasure | Detention during His Majesty’s Pleasure is a mandatory life sentence and will be imposed when a child or young person is convicted or pleads guilty to murder. | The starting point for determining the minimum sentence where the offender is under 18 years of age is 12 years, as opposed to 15 years for those over the age of 18. |
Detention and Training Order (DTO)
Effect
This can last between four months and two years.
Age
If a child or young person between 12 and 17 years old is sentenced in the youth court, they could be given a DTO. However, only those who are ‘persistent offenders’ between the age of 12–14 should be given a DTO.
Longer Term Detention
Effect
For more serious cases, longer-term detention can be imposed where the offence committed carries a maximum sentence of at least 14 years’ imprisonment or is one of the offences listed in section 250 of the Sentencing Code.
Age
All those under 18 can be given a Longer Term Detention.
Detention for Life or Extended Sentence of Detention
Effect
A sentence of detention for life or an extended sentence of detention may be imposed if a child or young person is convicted of a specified offence and the Crown Court considers that there is a significant risk of serious harm to members of the public from them committing further specified offences.
Age
All those under 18 can be given a Detention for Life or Extended Sentence of Detention.
Detention during His Majesty’s Pleasure
Effect
Detention during His Majesty’s Pleasure is a mandatory life sentence and will be imposed when a child or young person is convicted or pleads guilty to murder.
Age
The starting point for determining the minimum sentence where the offender is under 18 years of age is 12 years, as opposed to 15 years for those over the age of 18.
✓ Filterable offences
- Theft
- Common assault
- Soliciting
- Most minor drug offences
✕ Not filterable
- Robbery
- ABH
- Sexual offences
- Safeguarding offences
* This tool provides general guidance only and does not constitute legal advice. Filtering rules can be complex, particularly where multiple items appear on your record. For advice specific to your situation, contact Olliers.
Investigation
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.
Police Interview Under Caution
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.
Bail / Released Under Investigation (RUI)
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.
Pre-Charge Representation
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.
Charging Decision (CPS Review)
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.
| 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. |
PCE
Pre‑Charge Engagement
What it means in practice
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.
Why it matters
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
What it means in practice
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.
Why it matters
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
What it means in practice
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.
Why it matters
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
What it means in practice
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.
Why it matters
NFA brings closure. Achieving this outcome as early as possible limits stress, disruption and long‑term consequences.
Bail
Pre‑Charge Bail
What it means in practice
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.
Why it matters
Bail conditions can significantly affect daily life. Early legal intervention can challenge unnecessary conditions or shorten the bail period.