P re-Charge Investigations and Representation

The prospect of being interviewed by the police can be an extremely daunting experience, and once the police interview is over the police investigation may carry on for a significant period of time. The process maybe long and drawn out. 

Once a person has been interviewed, and if the matter is serious it will be referred to the Crown Prosecution Service (CPS), who are an independent public authority responsible for prosecuting people, and businesses, in England and Wales. The CPS make a decision on whether a person should be charged and what the offence should be. The CPS may consider alternatives to prosecution in appropriate circumstances. 

The CPS or police will apply a two-stage test as set out in their Code for Crown Prosecutors. The first is the evidential stage, and the second is the public interest test. If the two tests are met a charge will be authorised. 

The CPS will make a decision to charge based upon a case file prepared by the police – which is not disclosed to defence solicitors. 

It is at this stage, the defence have an opportunity to put forward written representations. 

Therefore the police are not the final decision makers and as such we advise clients who approach us pre-charge, on a private basis, to take a pro-active stance in their defence, this may be as follows: 

• Gather evidence from experts and witnesses 
• Requesting the CPS secure evidence – by way of example this can be from CCTV or DNA testing 
• Challenging the credibility, reliability and admissibility of any prosecution evidence at an early stage 

• Ensuring the CPS are fully informed of the defence from the client’s perspective and not the police officer’s 
• Making submissions, in support of any argument that the code to prosecute has not been met