Specialist pre-charge engagement between your defence lawyer and the police
We have the ability under the legal aid scheme to undertake free specialist pre-charge engagement between your defence lawyer and the police. This is because our involvement in any police investigation will not stop after you have been interviewed. In cases where it is necessary we will act in order to safeguard your interests and pro-actively manage your case aiming to avoid court. A ‘no comment’ interview does not prevent pre-charge engagement.
We recognise that criminal investigations will be one of the most difficult times of your life. There can be an impact on employment and travel. You may be forced to live away from family. There may also be a risk of publicity in your case. The combination of the uncertainty with the seriousness of a police investigation will lead to understandable stress and anxiety on your behalf. We appreciate this, and where possible will try to bring your case to an early conclusion. The hope is to avoid the trauma and costs of court proceedings.
Pre-charge engagement refers to voluntary discussions between the police officers investigating the allegations against you and your legal representatives. This process takes place after your first police interview but before any charges are laid against you. The process of pre-charge engagement aims to avoid any unnecessary charges by clarifying evidence on your behalf, identifying any new lines of enquiry that we believe are worth pursuing and resolving disputes early on in the investigation. Our input at an early stage will ensure that the police investigators are complying with their obligations and the prosecution in due course are to comply with public charging standards and applying the public interest test properly.
Any pre-charge engagement is voluntary, with both you and the police agreeing to such engagement. There are many cases where we will be able to identify potential weaknesses in the evidence the police have and also explore alternative resolutions, potentially avoiding a formal charge and court proceedings. The obvious benefits are that we help the police conduct an efficient investigation with a view to leading them to make a decision not to charge you.
Examples of pre-charge engagement activities can include:
- Discussing potential lines of inquiry with you and making a decision whether to disclose those to the police.
- Facilitating access to digital evidence where this will assist your defence or potentially discredit prosecution witnesses.
- Clarifying forensic or expert evidence issues – whether any findings are disputed and whether the analysis is sufficient.
- Resolving issues related to evidence collection such as obtaining medical records that may relate to injuries.
- Identifying potential witnesses and sharing their details or statements with the police.
