The charging decision has not been made.
The most consequential stage of a criminal case occurs before charge.
That stage is not funded under legal aid and determines whether a case proceeds.
Request Pre-Charge ReviewWhat happens after the police station
Most people are told to wait. Wait for the police to finish their enquiries. Wait for a decision on whether to charge. Wait for a letter in the post.
During that period — which routinely lasts 6 to 24 months — no legal aid funding is available for any proactive defence work. No representations to the CPS. No defence evidence gathering. No engagement with investigators.
The charging decision is made without defence input unless it is arranged privately.
What pre-charge engagement is
Pre-charge engagement is a formal, voluntary process governed by Annex B of the Attorney General's Guidelines on Disclosure 2024.
It allows defence solicitors to engage directly with investigators and the Crown Prosecution Service before a charging decision is made. The objective is to influence that decision by submitting defence evidence and representations.
The Code for Crown Prosecutors provides that suspects or their representatives may submit evidence or information to the prosecutor before charge. The DPP's Guidance on Charging requires investigators to pursue all reasonable lines of enquiry, including those that point away from the suspect.
The purpose of this process is to influence whether a charging decision is made.
This is not informal. It is a structured legal process with a defined framework.
What it involves
Case assessment
Review of custody record, disclosure, interview record, and evidence position.
Defence evidence gathering
Identification and preservation of digital communications, CCTV, financial records, witness accounts, and any material that supports your account.
Investigator engagement
Direct contact with the officer in the case. Monitoring investigation progress. Requesting reasonable lines of enquiry.
Written representations
Formal submissions to police and CPS addressing the Full Code Test — whether there is sufficient evidence for a realistic prospect of conviction and whether prosecution is required in the public interest.
Expert instruction
Where required, commissioning forensic, medical, digital, or financial expert analysis before the charging decision.
Resolution
Structured engagement directed toward a No Further Action outcome before a charging decision is made.
Why it matters
Bail conditions restrict your liberty for months or years. Non-contact orders, curfews, residence conditions, passport surrender. Breach of bail is a separate criminal offence and can result in remand in custody.
A charge is a public event. It appears on enhanced DBS checks. It can be reported. For regulated professionals, it triggers mandatory self-referral to your regulator — often before trial.
Offending on bail is a sentencing aggravating factor. The longer you are on bail, the higher the risk of a second incident that worsens the outcome on the original case.
Postal requisitions fail. If charges are laid and the court summons is sent to the wrong address, you become wanted on warrant without knowing it.
Employment, travel, insurance, and family proceedings are all affected by a charge — not a conviction. The charge itself causes the damage.
The cost of pre-charge engagement is a fraction of the cost of a Crown Court trial. Preventing the charge prevents the trial.
Once a charge is authorised, the scope to influence the case narrows significantly and defence becomes reactive.
How it is funded
Pre-charge engagement is not available under legal aid.
It is provided on a fixed-fee basis, determined following initial assessment and case complexity.
Request Pre-Charge ReviewPre-Charge Briefing
A detailed briefing on pre-charge defence, the legal framework, timing risks, and the role of pre-charge engagement in charging decisions. Provided by email following registration.