Marcus sorted out my images case for me. Top team got me a great result. Really pleased with the outcome as I can now move on with my life. Thanks Marcus
How Can PCD Solicitors Help?
When you instruct us at the pre-charge stage, we assign a dedicated specialist solicitor and legal team to your case immediately. Our work is focused on three outcomes:
- Preventing charges from being brought through proactive representations to the police and CPS, and by building a defence that challenges the evidence before a charging decision is made
- Securing the best possible terms during the investigation, including challenging bail conditions that are disproportionate or unnecessarily disruptive to your daily life
- Preparing a rigorous defence for trial should the case proceed to prosecution, so that you enter the criminal justice process in the strongest possible position
PCD Solicitors have secured outstanding outcomes for hundreds of clients at the pre-charge stage, including case closures through No Further Action decisions, Out of Court Disposals, and other forms of discontinuance.
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What Is Pre-Charge Engagement?
Most people accused of a sexual offence only seek legal advice after they have been arrested and interviewed. While it is never too late to instruct a specialist solicitor, the pre-charge stage is where the most significant opportunities to prevent prosecution exist.
A proactive defence team can begin shaping the investigation, challenging evidence, and building a strategy before the CPS ever reviews the file.
Many criminal defence firms do not conduct pre-charge engagement because the legal aid system provides very limited funding for this work. There is no obligation for a legal aid solicitor to conduct any further work beyond the police station interview, and it is unusual for a legal aid lawyer to specialise in sexual offences. As a result, many individuals under investigation for serious sexual offences elect to instruct a private criminal defence firm.
PCD Solicitors are one of the only firms in England and Wales to specialise exclusively in defending sexual offence allegations. When a client is placed under investigation, we respond quickly: establishing what evidence the police hold, anticipating how the investigation will develop, and beginning the work that gives our clients the best possible chance of a case being resolved without charge.
What Does Pre-Charge Engagement Involve?
Pre-charge engagement is an ongoing process of proactive legal work that runs from the moment you instruct us until a charging decision is made, or the investigation is closed.
Bail Conditions and Time Limits.
When arrested on suspicion of a serious sexual offence, most individuals are released on bail with conditions attached. Common conditions include prohibitions on contacting the complainant, restrictions on internet use, requirements to report to a police station, bans on travelling abroad, and limits on contact with children.
Police bail operates within strict statutory time limits. Initial bail is typically set at three months, with extensions possible at six, nine, twelve, eighteen, and twenty-four months. Extensions beyond the initial period require authorisation, and the defence has the right to make representations at each stage.
If your conditions are disproportionate, unnecessary, or unlawful, PCD Solicitors can make representations to have them varied or removed. If you have been denied bail and held in custody following arrest, we can also make robust representations to secure your temporary release as the investigation progresses.
Consent, Digital Evidence, and Modern Sexual Offence Cases.
The majority of rape and sexual assault allegations turn on the issue of consent. Where both parties agree that a sexual encounter took place, the prosecution must prove that consent was absent. The defence must challenge that argument with every available piece of evidence. And the quality of that challenge at the pre-charge stage can shape the entire case.
PCD Solicitors have extensive experience in managing digital evidence in sexual offence cases. Our forensic and digital evidence specialists provide their own independent analysis of the material held by the police, and we work to ensure that all relevant digital material is properly gathered and disclosed, including evidence that may be favourable to you.
Why Instruct PCD Solicitors for Pre-Charge Engagement?
Our team has advised hundreds of individuals under investigation for offences including rape, sexual assault, historic sexual offences, sexual offences against children, and indecent images offences. We have experience working with every police force in England and Wales, and extensive knowledge of the tactics employed by specialist investigators including Rape and Serious Sexual Offences (RASSO) units, cybercrime teams, and the National Crime Agency.
We handle all enquiries securely and confidentially. Initial consultations are free. If you are under investigation, or concerned that an investigation may begin, contact us today.
Let’s talk.
Contact our team to discuss your case with one of our pre-charge specialists. Initial consultations are always free, and we manage all enquiries securely and in strict confidence.
The Maltings, 100 Wilderspool Causeway,Warrington, Cheshire, WA4 6PU, UK
Frequently Asked Questions
What happens after I am released under investigation?
Being released under investigation (RUI) means the police have not yet made a charging decision but the investigation is ongoing. There is no set time limit on how long this status can last. A specialist solicitor can engage with the police on your behalf, monitor the investigation, and begin building your defence. Waiting passively is rarely the strongest strategy.
Can I change my solicitor during a pre-charge investigation?
Yes. You are free to change your legal representation at any stage, including after an initial interview under a legal aid solicitor. Many clients instruct PCD Solicitors after being told by a previous solicitor to simply wait. If you believe your current representation is not taking a proactive approach, contact us for a confidential assessment.
Is legal aid available for pre-charge engagement?
Legal aid does not cover specialist pre-charge engagement work. Every person is entitled to free legal advice at the police station, but there is no obligation for a legal aid solicitor to conduct further pre-charge work. Most clients who instruct PCD Solicitors at the pre-charge stage are privately funded.
Will I end up on the sex offenders register if no charges are brought?
No. The Sex Offenders Register only applies to individuals convicted of a qualifying sexual offence or who have received a Sexual Offences Prevention Order or Sexual Risk Order. If your case is closed at the pre-charge stage with no further action, you will not be placed on the register.
How much does pre-charge engagement cost?
Pre-charge engagement at PCD Solicitors is privately funded. We offer fixed-fee arrangements for pre-charge work, providing cost certainty from the outset. Contact us for a free initial consultation, at which we will discuss your case and provide transparent information about fees.
How the CPS Decides Whether to Charge You
When a police investigation concludes, the police submit their file to the Crown Prosecution Service. The CPS then decides whether to authorise charges, and therefore whether your case proceeds to court.
In making that decision, the CPS applies their Full Code Test. This has two stages.
The first is the evidential stage. The CPS will consider whether the case has a realistic prospect of conviction if taken to court on the evidence provided. If it does not, the case cannot proceed.
The second is the public interest stage. Even where the evidence is sufficient, the CPS must consider whether prosecuting is in the public interest, taking into account the seriousness of the offence, the degree of culpability, the impact on the wider community, and whether a prosecution would be proportionate.
If the case fails either test, it cannot proceed to prosecution. A specialist pre-charge defence team can engage directly with the CPS during this process, identifying weaknesses in the police’s evidence, making written representations, and arguing that the case does not meet the required threshold. PCD Solicitors have succeeded in securing closures at this stage for many clients accused of rape, sexual assault, historic sexual offences, sexual offences against children, and indecent images offences.
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PCD Solicitors are proud to provide an outstanding standard of client care and support.