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Before a charging decision

Fraud Pre-Charge Investigations

If you are under investigation for fraud but have not been charged, the period before the charging decision can be decisive. We review the allegation, interview position, financial and digital material, bail or RUI status and the investigation timetable, then advise whether further evidence, targeted enquiries or written pre-charge representations should be put forward.

Request a pre-charge reviewPolice interview not happened yet?

IS THIS THE RIGHT STAGE?

Are you at the right stage for pre-charge representations?

The opportunity usually exists after the allegation and interview are understood but before a final charging decision. The question is not whether a letter can be sent; it is whether there is defence material, a missing enquiry, a legal issue or a public-interest point capable of improving the information on which the police or CPS will decide.

Interview completedYou have given an account and the investigation remains open.
On pre-charge bailYou have a bail return or review date and a charging decision may be approaching.
Released under investigationThere is no fixed bail date, but the police are still gathering or reviewing evidence.
File with the CPSThe case may already be with a reviewing prosecutor, but no final charge has been authorised.
Send us the key facts firstAllegation • police force • interview date • bail/RUI status • next date • core defence material
Request a pre-charge review

What can pre-charge defence do in a fraud investigation?

Fraud investigations are often document-heavy. The issue may turn on what was represented, what a person knew or intended, the commercial context of a payment, ownership or authority, or whether investigators have interpreted financial records correctly. Pre-charge work allows those points to be analysed before the case is fixed by a charging decision.

Effective representations do not simply say that the allegation is denied. They identify the evidential issue, explain the relevant transaction or chronology, place supporting records before the decision-maker and, where justified, ask the police or CPS to pursue a specific line of enquiry before deciding whether the Full Code Test is met.

When early fraud defence may be useful

Early intervention can be particularly useful where a payment or transfer has an innocent commercial explanation, records contradict the alleged chronology, there is a dispute about authority or ownership, messages or emails explain the transaction, relevant witnesses have not been interviewed, or the allegation depends on an inference of dishonesty or intent that the surrounding material does not support.

Timing matters.

Representations should usually be made when the defence understands enough of the allegation to make targeted submissions and while the decision-maker can still act on them. Sending an unfocused letter too early can be ineffective; waiting until after charge can remove the opportunity altogether.

How we build a fraud pre-charge case

We identify the precise allegation and suspected offence, map the transaction history and review the interview account against bank records, contracts, invoices, company records, emails, messages and other available material. We then isolate the points that genuinely bear on the charging decision rather than producing an unfocused volume of documents.

The final strategy should identify the statutory route actually alleged: fraud by false representation, failure to disclose information, or abuse of position. It may then address the alleged representation or duty, knowledge and intention, dishonesty, and whether there was an intention to make a gain or cause a loss or risk of loss. An actual gain or loss does not have to occur. Authority, ownership, commercial context, financial analysis, missing witnesses or records, and reasonable lines of enquiry may all be material before charge.

What outcome can fraud pre-charge representations seek?

Where the evidence supports it, the representations may invite no further action. In other cases the immediate objective may be to correct a factual premise, narrow the suspected conduct, identify evidence that must be obtained or prevent a charging decision being made on an incomplete picture. No solicitor can guarantee the outcome; the purpose is to ensure the decision is made on properly analysed defence material.

What should you send us for the first review?

ChronologyA clear sequence of events, including key communications and dates.
DocumentsMessages, emails, records, photographs, receipts or other relevant material.
Witness materialPotential witnesses who can address disputed or contextual facts.
Personal impactEmployment, professional, health or family consequences where legally relevant.

WHAT YOU ARE ACTUALLY PAYING FOR

What do you receive if you instruct us?

The value is in identifying the points capable of affecting the decision, obtaining or preserving the right material, and presenting the defence case in a form the investigator or prosecutor can properly assess.

Case and charging analysisWe identify the alleged offence, the issues the prosecution would need to prove, the present investigation stage and the realistic decisions available before charge.
Defence evidence planWe identify messages, CCTV, records, witnesses, expert material or other evidence that may undermine the allegation, support the defence account or expose a missing line of enquiry.
Written representationsWhere the timing and evidence justify it, we prepare structured submissions addressing evidential sufficiency, legal issues, reasonable enquiries, public interest and any lawful alternative to prosecution.
Follow-up and next-step adviceWe send the representations to the appropriate decision-maker, deal with sensible follow-up where required and advise on the response, further investigation or any charging decision.

When paid pre-charge work may not be justified

Sometimes the correct advice is not to send representations yet. We may advise that better evidence should first be obtained, a particular enquiry should be requested, the interview position should be protected, or a defence point should not be disclosed prematurely. If a letter would add little, be disproportionate to the issue or create unnecessary strategic risk, we will say so. No solicitor can guarantee that a charge will be avoided.

Current legal frameworkOur approach is grounded in the current Code for Crown Prosecutors, the Director’s Guidance on Charging and the disclosure framework. As at September 2026 the CPS is consulting on a draft ninth edition of the Code; that draft is not yet the operative Code and is not relied on as if it were in force.
Code for Crown ProsecutorsDirector's Guidance on ChargingAttorney General's Disclosure Guidelines

Pre-charge strategy

Fraud representations should answer the real evidential issue

A fraud case can look very different once the transaction is placed back into its full commercial and documentary context. The strongest pre-charge work identifies the specific proposition the prosecution would need to prove, then tests that proposition against the contemporaneous records rather than relying on assertion or character evidence.

Transaction and documentary evidence

We test the allegation against the records that existed at the time: bank statements, invoices, contracts, accounting material, company documents, messages and emails. The question is not simply whether money moved, but what the transaction meant and what the client knew and intended.

Reasonable lines of enquiry

We can identify focused enquiries that may materially affect the charging decision, such as obtaining missing banking records, tracing the source or destination of funds, interviewing a relevant business witness, preserving communications or obtaining records that explain authority, ownership or the commercial purpose of a transaction.

Dishonesty, knowledge and intent

Fraud allegations frequently depend on what was represented, whether it was false or misleading, what the suspect knew, and whether the required dishonest state of mind can properly be inferred. Those issues should be tested against the whole chronology and the contemporaneous material.

Charging scope and proportionality

Where the evidence does not justify the allegation as framed, representations may invite investigators to reconsider its scope or whether prosecution is justified at all. Any public-interest submission must be grounded in the actual facts and seriousness of the case, not used as a substitute for answering the evidence.

Documents commonly used in a fraud pre-charge review

  • a detailed signed account or witness statement from the client where tactically appropriate;
  • messages, emails, call data and social-media records preserved in original form;
  • CCTV, doorbell footage, photographs and location material;
  • employment, medical, education or character material where it is genuinely relevant;
  • documents showing ownership, payment, consent, authority or chronology;
  • expert or specialist evidence where the issue cannot fairly be resolved without it;
  • a schedule identifying the exact enquiries or material sought from investigators.
Timing matters: representations are usually more useful before the file is finally determined. If a charging decision appears imminent, tell us the bail or review date and provide the core papers as early as possible.
FEES & SCOPEWe scope the work around the decision that is actually approaching.A defined private instruction can include review of the allegation and interview, analysis of the available evidence, an evidence or enquiry plan, written pre-charge representations and proportionate follow-up. Where the scope can be identified in advance we can quote a fixed fee. Larger evidence sets, witness work, conferences, expert material or continuing liaison may require a wider scope. We confirm the work and fee before starting.
Request a case reviewHow our fees work →

UNDERSTAND THE STAGE

Guides linked to pre-charge strategy

Pre-charge engagement guideThe recognised voluntary process after interview and before charge, including enquiries and disclosure considerations.What happens after a police interview?Bail, RUI, further enquiries, charging decisions and the practical steps to take while the case remains open.Released under investigationWhat RUI means, how the investigation continues and why an open-ended investigation still needs active case management.Pre-charge bailBail conditions, review dates, investigation management and the relationship between bail and the charging timetable.
LEGAL GUIDEUpdated 30 September 2026

Prepared by Theodorous. Principal Solicitor: Paris Theodorou.

Official sourcesFraud Act 2006 — legislation.gov.ukFraud Act 2006 prosecution guidance — CPSFraud and economic crime — CPS

Before charge

If the investigation is still open, use the time before charge properly.

Send us the suspected fraud offence, investigating agency, interview date, bail or RUI status, next known date and the core transaction documents. We can assess whether a defined pre-charge intervention is strategically justified and what evidence should be preserved or obtained first.

Request a pre-charge case review

Frequently asked questions

Pre-charge representation FAQs

What are pre-charge representations?

They are written submissions made before a charging decision, usually addressing the evidence, legal ingredients, inconsistencies, unused material, defence evidence and the public-interest test. Their purpose is to ensure the decision-maker considers the defence position before proceedings are started.

When should representations be sent?

Timing matters. They should usually be made once enough disclosure and defence evidence exists to make them useful, but before the police or prosecutor reaches a final charging decision. Sending too early can be ineffective; sending too late can miss the opportunity.

Can representations guarantee no further action?

No. No solicitor can properly guarantee the outcome. Strong representations can identify evidential or public-interest issues that support no further action, an alternative disposal or a narrower charge, but the decision remains with the investigator or prosecutor.

What evidence can be included?

Depending on the case, useful material can include messages, CCTV, photographs, location data, financial records, medical material, witness statements, expert evidence or documents that provide context or undermine an allegation. Any material relied on must be handled carefully and lawfully.

What if the case has already gone to the CPS?

Representations can still be sent to the reviewing prosecutor if a decision has not yet been finalised. If charge has already been authorised, the defence strategy shifts to disclosure, case management, representations about continuation and any appropriate court applications.