i have only just started my journey with them but so far they have been amazing, very aformatiove and helpful
Charged with a sexual offence?
A charge is not a conviction. The criminal justice process has multiple stages between being charged and going to trial. And at every one of them, the right legal team can act to protect your position.
PCD Solicitors are one of the only criminal defence firms in England and Wales to specialise exclusively in sexual offences. Our team have defended hundreds of people charged with serious sexual offences including rape, sexual assault, sexual offences against children, and indecent images offences, with an outstanding record of acquittals at trial and cases successfully terminated before getting that far.
Get specialist advice on your defence today
A sexual offence charge doesn’t automatically mean a trial.
Most people charged with a sexual offence believe they’re automatically going to court. What they don’t know, and that most legal teams don’t explore aggressively enough, is that there are multiple opportunities to end a prosecution before it ever reaches a jury.
The Crown Prosecution Service must meet the Full Code Test before taking a case to court. This requires a realistic prospect of conviction and that prosecuting you is in the public interest. Where the evidence is weak, contradictory, or procedurally compromised, we can challenge that test directly, potentially stopping your case.
What a specialist post-charge defence look like
Here is a case PCD Solicitors handled. A client was charged with sexual assault in a supermarket. The prosecution had CCTV footage and felt they had a strong case. On the face of it, the evidence looked serious.
PCD reviewed the CCTV. The footage did not show what the prosecution claimed it showed. We made representations directly to the prosecution lawyers, argued there was no realistic prospect of conviction, and pushed for the case to be discontinued.
The prosecution refused. We then made a formal application to the court (an application to dismiss) asking the judge to examine the evidence and rule on whether it was sufficient to proceed to trial. The judge looked at the evidence and threw the case out before it reached a jury.
The outcome: Acquittal without trial.
Why specialist sexual offence defence makes a difference after charge.
Not all criminal defence firms understand the specific dynamics of sexual offence prosecutions. The evidence patterns are different. The procedural stages are different. The opportunities to intervene before trial are different, and a generalist criminal law firm will not always see them.
PCD Solicitors defend sexual offences exclusively. That means every tactic, every procedural argument, every barrister we work with is selected because they understand this area of law in depth. When you instruct PCD Solicitors after being charged, you get:
- A thorough review of all prosecution evidence identifying weaknesses, contradictions, and disclosure failures that create grounds to challenge your case
- Direct representations to the CPS, pressing for charges to be dropped where the evidence does not meet the Full Code Test
- Applications to Stay Proceedings or Applications to Dismiss where procedural failures or evidential deficiencies justify stopping the case before trial
- Access to a national network of leading sexual offence barristers, matched to the specific nature of your case
- Expert advocacy at trial, if the proceeds with an outstanding record of acquittals across a range of serious sexual offence prosecutions
- Sentencing mitigation advice if needed maximising the arguments available to secure the most favourable outcome
How the post-charge process works, and what we can do.
Charging decisions
The decision to charge is made by the Crown Prosecution Service, not the police. The CPS reviews the case presented by the police and applies the Full Code Test: there must be a realistic prospect of conviction, and the prosecution must be in the public interest. Where PCD Solicitors are instructed at the pre-charge stage, our team will already be making representations to the CPS against both of these thresholds.
If charges are authorised, the prosecution begins. Depending on the type of offence, your case will be heard in either the Magistrates’ Court or the Crown Court.
Which court?
Sexual offences fall into three categories:
- Tried in Magistrates’ Court: Applies to a small number of less serious sexual offences.
- Tried by jury in the Crown Court: Applies to the most serious offences, including rape, assault by penetration and certain child sexual offences.
- Can be tried in either court: Depends on the severity of the anticipated sentence and applies to some sexual assaults, voyeurism, upskirting and some indecent images offences.
PCD Solicitors have represented clients in Magistrates’ Courts and Crown Courts across England and Wales. Where an either-way offence gives you a choice, we will advise on the best course.
Ending a prosecution before trial.
Trial is not the only way your case could be resolved. At various stages between charge and trial, we can pursue:
- Representations to the CPS: Direct challenge to the prosecution, arguing the evidence does not meet the Full Code Test and the case should be discontinued.
- Application to stay proceedings: A formal application to the court to end the prosecution, on the basis of severe lack of evidence or abuse of process.
- Application to Dismiss: An application asking the judge to rule on whether the evidence is sufficient for a safe conviction. If the judge agrees it is not, your case is stopped before it reaches the jury. We’ve successfully obtained Applications to Dismiss across a range of sexual offence cases.
- No case to answer: Made at the midpoint of a Crown Court trial, after the prosecution has presented its evidence. If the judge agrees the evidence is insufficient, the case ends without defence needing to be present.
- Offering no evidence: The CPS conclude there is insufficient evidence to proceed and formally offer no evidence. This results in your acquittal.
Preparing you for what happens in court, or helping you avoid it completely.
Sexual offence cases are won or lost in the preparation of your case. The analysis of prosecution evidence, the identification of disclosure failures, the representations to the CPS, the pre-trial applications. This all happens before a jury is involved.
Most defendants who lose at trial do not lose because of the evidence, it was because preparation was insufficient to put an effective case across, or opportunities were missed to stop the case earlier.
Because PCD Solicitors work exclusively in sexual offence cases, we know which arguments work, which applications succeed and which weaknesses in a prosecution case are worth pursuing. Our clients do not sit and wait for trial. They have a defence strategy from day one.
Let’s talk.
Contact our sexual offence solicitors.
The earlier we are instructed, the more options you have available to you. Cases that could have been stopped before trial, through representations to the CPS, an application to dismiss, or a pre-trial challenge, are sometimes not stopped because your defence team did not identify or pursue the options early enough.
PCD Solicitors defend sexual offences only. Our team understands the evidence, the process and the points at which a prosecution can be challenged. If you have been charged with a sexual offence, we will give you a frank, honest assessment of your position and clear strategy from the outset.
Get specialist advice on your defence today
The Maltings, 100 Wilderspool Causeway,Warrington, Cheshire, WA4 6PU, UK
Frequently Asked Questions
Can sexual offence charges be dropped after I have been charged?
Yes. Being charged does not guarantee the prosecution will go to trial. The Crown Prosecution Service can discontinue proceedings at any stage if the evidence no longer meets the Full Code Test. A specialist defence solicitor can make direct representations to the CPS challenging the evidential basis of the case, and in some situations, can obtain a formal court order stopping the prosecution before trial.
What if I want to plead guilty?
If you choose to plead guilty, your focus will be on sentencing. PCD Solicitors advise clients on the most advantageous point to enter a guilty plea, the mitigation arguments available to you, and the strategies that may result in a reduced or non-custodial sentence. A specialist solicitor can make a significant difference to the outcome even where a not-guilty defence is not pursued.
Can PCD Solicitors take over from my existing solicitor?
Yes. If you have already been charged and are represented by another firm, you can transfer your case to PCD Solicitors at any stage. We will conduct a full review of your case from the beginning, including the handling of your defence to date, and advise you on the options available.
Hear From
Our Clients.
PCD Solicitors are proud to provide an outstanding standard of client care and support.