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Pre-Charge Strategy: Maximising Your Chances of No Further Action
The pre-charge stage is your best opportunity to influence the outcome before formal charges are brought. Whether you are facing allegations of fraud, violent crime, drugs, regulatory breaches, or any other offence, a proactive approach can make all the difference. The CPS charging decision is governed by the Code for Crown Prosecutors, requiring both an evidential test (a realistic prospect of conviction) and a public interest test. If you can demonstrate that either test is not met, the case should not proceed.
Too many people under investigation take a passive approach—waiting for the police or CPS to make a decision without presenting their side. This is a missed opportunity. The pre-charge stage is designed to allow the investigation to consider all relevant material, including evidence and representations from the suspect. By engaging early, you ensure that the decision-maker has the full picture, not just the prosecution's version of events.
Request Targeted Disclosure
Ask for a summary of the evidence against you, including witness statements, forensic reports, CCTV, digital communications, and any relevant documents. While full disclosure is not required pre-charge, you can request material that clarifies the allegations or supports your defence. Making a formal written request creates a record, and even partial disclosure can reveal weaknesses in the investigation. Cross-reference the material you receive—dates, names, amounts, timelines—to identify errors, omissions, or inconsistencies.
Draft Written Representations
Submit clear, concise representations to the police or CPS. These should be factual, structured, and supported by evidence wherever possible. Strong representations will:
Highlight weaknesses in the prosecution case—contradictory witnesses, unreliable evidence, gaps in the investigation
Identify procedural errors—unlawful search, failure to follow PACE Codes, improper interview techniques, failure to caution
Present alternative explanations—self-defence, lawful possession, legitimate business activity, mistaken identity
Reference relevant legal standards—Code for Crown Prosecutors, PACE Codes, Criminal Procedure and Investigations Act 1996, and offence-specific guidance
Set out mitigating factors—personal circumstances, mental health, first-time allegation, corrective action taken
Gather and Present Exculpatory Evidence
Collect documents, digital evidence, medical records, expert reports, and witness statements that support your version of events. Prepare a timeline and summary of key facts. If you have alibi evidence, CCTV, digital communications, or professional records that contradict the allegation, present them early. Evidence presented at the pre-charge stage carries significant weight—it is far more effective than producing it for the first time after charge.
Identify and Request Further Lines of Enquiry
If the investigation has missed key witnesses, failed to obtain CCTV, or ignored exculpatory material, request these lines of enquiry in writing. The officer in charge is required to pursue all reasonable lines of enquiry, whether they point towards or away from the suspect (Criminal Procedure and Investigations Act 1996). If you can show that the investigation has not been thorough, this weakens the evidential test and supports arguments for no further action.
Challenge Procedural Errors
If the police have breached statutory procedures—unlawful search, improper interview, failure to caution, mishandling of evidence—reference this in your representations. Procedural errors can undermine the reliability and admissibility of evidence, and in some cases can be fatal to the prosecution. Keep a careful record of every interaction with the police, including dates, times, officers involved, and what was said or done.
Highlight Public Interest Factors
For minor offences, first-time allegations, or cases with strong mitigation, argue that prosecution is not in the public interest. The CPS must consider both evidential and public interest tests. Factors such as the seriousness of the offence, the suspect's personal circumstances, the impact on the victim, and the availability of alternative disposals (cautions, community resolutions, driver awareness courses) all play a role. If you can show that prosecution would be disproportionate, this is a powerful argument.
Maintain Detailed Records
Keep a log of all correspondence, evidence requests, bail paperwork, and meetings. This helps track progress, ensures nothing is missed, and provides a paper trail if you need to challenge the investigation later. Uploading your documents to Caira can help you organise your material, identify gaps, and spot inconsistencies across multiple documents.
Common Pitfalls to Avoid
Many people under investigation make avoidable mistakes that weaken their position:
Failing to act quickly: Missed opportunities to influence the investigation cannot be recovered. Evidence such as CCTV is routinely overwritten, and witnesses' memories fade.
Not requesting disclosure: If you do not ask for the evidence, you cannot challenge it. A formal request also creates a record of engagement.
Neglecting to gather exculpatory evidence: Waiting until after charge to produce key evidence is far less effective than presenting it at the pre-charge stage.
Overlooking procedural errors: Even minor breaches of PACE or disclosure obligations can affect the admissibility of evidence.
Ignoring public interest arguments: The CPS must consider proportionality, and strong mitigation can tip the balance against prosecution.
Correspondence Tips
All communications with the police, CPS, or regulators should be polite, concise, and factual. Reference relevant legal standards and codes. Attach supporting evidence and request confirmation of receipt. Avoid emotional language or personal attacks—focus on the evidence and the law. If you are unsure how to structure your representations, uploading your documents to Caira and asking questions about your case can help you draft clear, effective correspondence.
Precedent and Practice
The CPS charging decision is governed by the Code for Crown Prosecutors: both evidential and public interest tests must be satisfied. Early, detailed representations can persuade the CPS to take no further action, especially if you highlight weaknesses, procedural errors, or strong mitigation. The pre-charge stage is your best chance to resolve the matter without prosecution.
If you are under investigation, do not wait for formal charges. Proactively gather evidence, request disclosure, and submit representations. Upload your documents and start a conversation with Caira to organise your material, spot inconsistencies, and prepare strong representations.
How People Use Caira at the Pre-Charge Stage
People under investigation use Caira to take practical, informed steps towards resolving their situation. Common goals include:
Working towards having a case dropped before charges: Uploading evidence, police correspondence, and witness statements to identify weaknesses and prepare draft representations aimed at persuading the police or CPS to take no further action.
Building a defence strategy: Analysing the evidence, identifying flawed assumptions or procedural errors, and organising material to present a clear, credible position to the authorities.
Preparing representations to the CPS: Drafting structured submissions that highlight evidential gaps, procedural failings, or strong mitigation—with the aim of stopping proceedings before they reach court.
Requesting varied bail conditions: Reviewing bail paperwork, restraint orders, or other restrictions and preparing written requests where conditions may be disproportionate or causing undue hardship.
Seeking early resolution: Identifying opportunities to intervene with investigators to close matters early, resolve disputes, or prevent escalation to formal charges.
Disclaimer: This article is general information only and does not constitute legal, financial, or tax advice. It does not address individual circumstances and should not be relied upon as a substitute for independent professional advice.
