Pre-Charge Engagement - What is it and why you need it?
The police interview is an important part of any investigation, but it is only one stage in a longer process. The purpose of the police interview is to give a suspect the opportunity to respond to any allegations, either by admitting or denying involvement in the offence(s) under investigation. The information provided during the interview can help the police form a clearer picture of what may have occurred, but it does not conclude the matter.
Following the interview, the police are expected to continue their enquiries. Their goal is to gather all relevant evidence before deciding whether a suspect should be charged. This is where Pre-Charge Engagement can become a valuable tool.
What Is Pre-Charge Engagement?
Pre-Charge Engagement is a voluntary process that allows a suspect, through their solicitor, to provide further material or information to assist the police during the investigation. This may include highlighting additional lines of enquiry that have not yet been explored or presenting evidence that supports the suspect’s account of events.
Examples of this might include providing names of potential witnesses, sharing CCTV footage or screenshots of messages, or flagging other sources of evidence that could help place the suspect’s version of events into context. A solicitor will prepare and submit this information, often with a written statement which may play a key role in resolving the matter without charge.
How Can Pre-Charge Engagement Help?
There are several ways in which Pre-Charge Engagement can support a suspect:
To challenge the case: If the suspect denies the offence, this process can be used to actively assist the police in gathering material that supports their non-involvement.
To seek an out-of-court resolution: In cases where an offence is admitted, a solicitor may submit written representations asking that the matter be resolved by way of an out-of-court disposal, such as a Caution or Community Resolution, rather than a formal charge.
To prepare for court, if a charge is likely: Where it appears that the police may proceed to charge, this period can be used to begin preparing for court. Background statements, mitigation materials such as character references, or evidence of steps taken towards rehabilitation (e.g. counselling or treatment) can help achieve a more positive outcome at sentencing.
To support practical needs during the investigation: For suspects released on bail, Pre-Charge Engagement may also include making formal applications to vary bail conditions where appropriate—for example, to allow travel, contact with certain individuals, to move back home or to address employment issues. It may also cover additional legal support in preparation for further police interviews.
Changing Legal Representation
For those who feel that their initial legal support was not adequate, this stage of the process is also a useful time to consider whether a different solicitor might be better suited to provide long-term support.
Building a trusted relationship with a solicitor who understands the case in detail is vital, as it can directly influence the direction of the investigation and ensure that any representations made are well-informed and strategically timed.
If you are looking for legal representation or considering a Pre-Charge Engagement package, please feel free to get in touch via our contact form to explore how we can support you during this stage of the investigation.
