Pre-Charge Advice Solicitors
Protecting your position before any charging decision is made
Being told that you are under police investigation can be extremely stressful, especially if you have not been charged and do not know what will happen next.
Our Pre-Charge Advice Solicitors are here to protect your interests from the earliest possible stage. We provide clear, strategic advice to individuals who have been arrested, interviewed under caution, released on pre-charge bail, released under investigation, or contacted by the police in relation to a criminal allegation.
The period before charge can be one of the most important stages in a criminal case. What is said, disclosed, challenged or put forward during this stage can affect whether the police or Crown Prosecution Service decide to take the matter further. Early legal advice can make a significant difference.
We are a diverse, multi-lingual law firm based in Coventry, but support clients nationwide, across the UK. Our Criminal Defence Solicitors use best-in-class technology to provide clients with a streamlined, modern and highly effective defence. We have years of experience in criminal law and have created relationships with some of the UK’s best Barristers and King’s Counsel.
Our clients also benefit from our ability to instruct respected expert witnesses where technical, forensic, medical, digital or specialist evidence needs to be reviewed before a charging decision is made.
Advising and representing people before charge
We are highly recommended as an expert criminal defence law firm for people accused of committing a crime. We provide 24/7 police station representation and can advise you from the moment you become aware of an allegation.
Pre-charge advice is not simply about waiting for the police to make a decision. In many cases, there may be important steps that can be taken before charge, including:
- advising you before a police interview
- reviewing the evidence disclosed by the police
- identifying weaknesses in the allegation
- making representations to the police or CPS
- gathering evidence that supports your position
- challenging bail conditions where appropriate
- protecting your reputation, employment and family life
- helping you understand the likely next steps
Because we understand the correct procedure the police must follow during an investigation, we will carefully examine the circumstances surrounding your arrest, interview, release or bail conditions. If proper processes have not been followed, or if the evidence does not support a charge, we will act quickly to protect your position.
Our criminal law team has in-depth experience in defending serious criminal allegations including assault, sexual offences, fraud, drug offences, theft, harassment, domestic abuse allegations, public order offences and regulatory investigations.
We know that your reputation, freedom, career and family life may be at stake. Therefore, we take early intervention seriously.
What does pre-charge mean?
Pre-charge is the stage of a criminal investigation before a person has been formally charged with an offence.
You may be under investigation because:
- you have been arrested and interviewed by the police
- you have attended a voluntary police interview
- you have been released on pre-charge bail
- you have been released under investigation
- the police are waiting for forensic, digital, medical or witness evidence
- the police are preparing a file for the Crown Prosecution Service
- the CPS is considering whether there is enough evidence to charge you
At this stage, you are not yet being prosecuted in court. However, the investigation can still be serious. The decisions made during this period can shape the entire case.
What is pre-charge bail?
Pre-charge bail, sometimes called police bail, allows the police to release a person from custody while the investigation continues. It may be used where there is not yet enough evidence to charge, but the police believe further enquiries are needed.
Pre-charge bail may include conditions such as:
- living at a particular address
- not contacting certain people
- not going to a particular place
- surrendering a passport
- attending the police station on a specified date
- complying with restrictions connected to the alleged offence
Bail conditions can have a significant impact on your life. They may affect your work, family arrangements, housing, travel or ability to communicate with certain people. Our solicitors can advise you on whether the conditions are reasonable, whether they can be challenged and what happens if the police ask for bail to be extended.
What does released under investigation mean?
Released under investigation, often called RUI, means the police are continuing to investigate but you are not on bail. Unlike pre-charge bail, release under investigation does not usually come with bail conditions. However, it can still leave you in a difficult and uncertain position.
If you have been released under investigation, it is important not to assume that the matter has gone away. The police may still be gathering evidence, reviewing digital material, speaking to witnesses or waiting for a charging decision.
Our solicitors can help you understand what is happening, communicate with the police where appropriate and take proactive steps to protect your position.
Can a solicitor help before I am charged?
Yes. In many cases, the best time to instruct a Criminal Defence Solicitor is before any charging decision is made.
A solicitor may be able to make pre-charge representations, which are written submissions explaining why you should not be charged. These representations may address weaknesses in the evidence, inconsistencies in the allegation, procedural issues, public interest factors or evidence that supports your account.
Pre-charge representations must be handled carefully. Poorly prepared submissions can damage your position. Our role is to assess whether representations should be made, when they should be made and what they should include.
Where appropriate, we can also help gather supporting evidence such as:
- messages, call records or digital evidence
- CCTV or dashcam footage
- witness accounts
- employment or character evidence
- medical or expert evidence
- documents showing context or motive
- material that challenges the complainant’s account
The aim is always to put you in the strongest possible position before a decision is made.
What happens after a police interview?
After a police interview, several things may happen. The police may:
- take no further action
- release you on pre-charge bail
- release you under investigation
- ask you to attend a further interview
- issue an out of court disposal, such as a caution, where appropriate
- refer the case to the Crown Prosecution Service
- charge you with an offence
The Crown Prosecution Service is responsible for prosecuting criminal cases investigated by the police and other investigating authorities in England and Wales. In more serious or complex cases, the police may refer the matter to the CPS for a charging decision.
If you are waiting for an outcome, we can advise you on what to expect and whether anything can be done to move the matter forward or challenge the direction of the investigation.
Should I speak to the police without a solicitor?
You should not speak to the police about a criminal allegation without first taking legal advice.
This applies whether you have been arrested, invited to a voluntary interview, contacted informally by an officer or asked to provide a statement. Anything you say may later be used as evidence.
Many people assume that asking for a solicitor makes them look guilty. It does not. You are entitled to legal advice, and it is one of the most important protections available to you.
Our Criminal Defence Solicitors can advise you before interview, attend the police station with you and ensure that your rights are protected throughout the process.
Can pre-charge advice stop a case going to court?
In some cases, yes. No solicitor can guarantee that a case will not be charged, but early advice can improve your position.
A strong pre-charge strategy may help by:
- identifying evidence the police have overlooked
- correcting misunderstandings in the allegation
- challenging unreliable or inconsistent evidence
- showing why the legal test for charge is not met
- explaining why prosecution would not be in the public interest
- putting forward mitigation or context at an early stage
The earlier we are involved, the better placed we are to influence the direction of the investigation.
How long can a pre-charge investigation take?
The length of a pre-charge investigation depends on the nature of the allegation, the evidence involved and whether the CPS needs to review the case.
Some investigations are resolved quickly. Others can take many months, particularly where digital devices, forensic evidence, financial records, medical evidence or multiple witnesses are involved.
This uncertainty can be extremely difficult. Our solicitors can help you understand the process, ask for updates where appropriate and advise you on the practical steps you should take while the investigation continues.
What should I do if I am on pre-charge bail or released under investigation?
If you are on pre-charge bail or released under investigation, you should:
- keep a record of all police contact
- comply with any bail conditions
- avoid contacting complainants or witnesses unless advised otherwise
- preserve any evidence that may support your position
- avoid discussing the allegation on social media
- take legal advice before providing further information
- contact a Criminal Defence Solicitor as soon as possible
Do not wait until you are charged. By that stage, important opportunities to influence the case may already have been missed.
Why choose us?
Regardless of the allegation against you, you are entitled to advice and representation. We do not judge our clients; our objective is to protect your interests and defend you against the allegations made.
We understand that being under investigation can affect every part of your life. You may be worried about your family, your job, your business, your reputation or the possibility of going to court. Our role is to take the matter off your shoulders as far as possible and give you clear, practical advice at every stage.
Based in Coventry, our Criminal Defence Solicitors regularly support clients across Rugby, Kenilworth, Nuneaton, Leamington, Warwickshire, the Midlands and the whole of the UK.
The most important factor is to contact us as soon as you become aware of a criminal allegation.
To receive expert pre-charge advice and representation, please contact us using the form below.