England and Wales · Criminal defence guide
Pre-charge representations in sexual allegation cases
Pre-charge representations are submissions made on a suspect’s behalf before a charging decision. Depending on the case, they may address relevant evidence, issues requiring further enquiry or the basis for a prosecution. Whether to make them, when and in what form requires advice from the lawyer handling the case.
Published by Immediate Defence ·
General information, with official sources linked below. Legal advice about your circumstances comes from the professional you instruct.
What can representations address?
The Code for Crown Prosecutors allows a suspect or their representative to submit evidence or information before or after charge to help inform the prosecutor’s decision. Representations do not replace the investigation or give the defence control over the outcome.
The usual Full Code Test considers the evidential and public-interest stages; a separate Threshold Test may apply in limited circumstances. A lawyer can advise on how the relevant test applies to the particular case.
Official sources: CPS: the Code for Crown Prosecutors
How does this relate to pre-charge engagement?
The Attorney General’s disclosure guidelines describe pre-charge engagement as voluntary engagement between the parties after the first PACE interview and before charge. It can help identify relevant material or lines of enquiry. It is not a substitute for the interview process.
A lawyer should advise on whether participation is appropriate, what information to provide and the implications for the individual case. There is no universal submission that will suit every investigation.
Official sources: Attorney General’s Guidelines on Disclosure, Annex B
The evidence questions should be specific
Relevant communications can support an allegation or assist the defence. CPS guidance emphasises considering reasonable lines of enquiry and assessing communications in light of the issues in the case. This is not a basis for treating every inconsistency as decisive or for assuming that a whole private history is relevant.
- Which event or part of the timeline needs clarification?
- Might a particular CCTV source or contemporaneous record be relevant?
- Is there an identifiable witness with information about that issue?
- What does the original material show, as distinct from someone’s summary of it?
Official sources: CPS: guidelines on communications evidence
Raise time-sensitive evidence with your lawyer
Tell your lawyer promptly if you know of potentially relevant CCTV or another record that may not be retained for long. Explain the location, approximate time and why you think it matters. The legal team can assess relevance and the appropriate way to seek preservation.
Do not delete or alter relevant material, or try to obtain access to another person’s accounts. Discuss contact with witnesses or the complainant with your lawyer and comply with any bail conditions.
An anonymous example from Immediate Defence
In the client-approved case published on this site, a specialist lawyer worked with investigators to preserve CCTV, obtain a witness statement and make pre-charge representations. The client was informed on his bail date that no further action would be taken before charge.
That is an account of one recorded outcome. It does not establish that any one step caused the decision, predict another case, or mean that every investigation can be resolved before charge.
What to include in an initial assessment
State the broad category, current stage and any interview or bail date. You do not need to describe intimate details in the initial form. Immediate Defence offers a free assessment and required follow-up telephone call before a suitable introduction. The instructed professional then advises on the appropriate next steps.
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