Proactive Defence: Pre-Charge Representations

Running a proactive defence from the outset is crucial in any criminal investigation.

Avoiding a prosecution is naturally the best result for any of our clients. Even if it ends in an acquittal, a prosecution causes stress and anxiety. The best way of neutralising a prospective prosecution is via pre-charge representations.

At ABV Solicitors, we are regularly engaged pre-charge including:

• Prior to any investigation.
• At the commencement of the investigation including during the interview stage;
• Post interview;
• Before any charging decision is made.

In some cases, it is possible to resolve an investigation without the matter proceeding to Court.

What are ‘Representations’?

Representations simply means ‘speaking to’ in legal terms. Written representations are usually letters and emails. Oral representations can involve phone calls or meetings.

These representations are based upon the legal framework and guidance issued for prosecutors.

When can you make Representations?

Though representations can be made to the prosecution at any stage, the best time to make representations is usually at the earliest point after a police interview. If a suspect is certain that they have been wrongly accused, representations have been known to stop the investigation in its tracks.

Similarly, if an individual has committed an offence but admits it, we have a strong record of persuading prosecutors to handle the offence without a formal prosecution. This can help the individual avoid a record of conviction, which can harm future employment prospects.

The police will sometimes provide a “Pre charge document” to the defence, which invites engagement. However, the lack of this document does not preclude representations from being made.

What kind of representations can be made?

There are a number of skills required to successfully make pre-charge representations including:

• Strategy: criminal investigations are usually fast paced, requiring the lawyer to adapt to the environment as the circumstances change.
• Specialists: our specialised departments are leaders in the field and are armed with knowledge;
• Defence Enquiries: our team will go above and beyond to investigate your case including, where applicable: examining data, carrying out further lines of enquiries, obtaining witness statements.

Convincing the authorities to take another path is a learned skill. There are many options open to suspects and defendants which are not immediately obvious. For example, if there is a clear failure of process from the authorities, the threat of raising the issue in court can be sufficient to force an authority to reconsider their position.

Representations are therefore best made by experienced professionals.

What else can I do before charge?

Other options include providing key-word searches for any seized devices to demonstrate that you are wrongly under investigation and pro-actively sharing information with the authorities to realign their enquiries.

I had a duty solicitor at the police station, can I change solicitor now?

Yes.

You can change solicitor, on a private basis, as you wish. Many of the clients we have successfully represented have sought us out after their police interview. We have an outstanding reputation in this space, which our clients appreciate.

How do I hire a solicitor for pre-charge representations?

Please call ABV Solicitors on 0344 587 9996 to speak to our specialist lawyers.