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BEFORE CHARGE • EVIDENCE • DISCLOSURE • REPRESENTATIONS

Sexual Offence Pre-Charge Investigations

The period between police interview and a charging decision can be critical in a sexual offence investigation. We analyse the alleged offence, interview account, chronology, communications, digital evidence, CCTV, location material and witnesses, then identify focused enquiries or representations capable of affecting the charging assessment.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

Pre-charge work should be evidence-led. The question is not simply whether a letter can be sent, but whether the defence can identify a legal issue, objective material or a reasonable line of enquiry that the investigator or reviewing prosecutor should consider before deciding whether to charge.

In rape and serious sexual offence cases, current CPS guidance emphasises early advice, case strategy, reasonable lines of enquiry and active disclosure management. The defence should therefore identify the real issue in the allegation and explain precisely why the proposed evidence or enquiry matters.

Legal issues

The legal issue varies with the alleged offence. Depending on the case it may concern whether sexual activity occurred, identity, consent and reasonable belief in consent, age, capacity, the nature of an alleged act or another statutory ingredient. Generic assumptions should not replace offence-specific analysis.

Prosecutors apply the Code for Crown Prosecutors to the evidence, including the impact of a defence and other information put forward by the suspect. In RASSO cases, current guidance requires a structured approach to reasonable lines of enquiry and disclosure, including use of a Disclosure Management Document in appropriate cases.

Evidence that matters

Relevant material can include complete communications, call data, social-media records, photographs, CCTV, venue records, location and travel evidence, witnesses, medical or forensic material and device data. The evidential significance depends on the issue actually in dispute.

Digital or third-party material should not be sought speculatively. A focused request should identify the evidential issue, the material sought and why it is reasonably capable of pointing towards or away from the suspect.

Reasonable lines of enquiry

Reasonable enquiries may include preserving CCTV before overwrite, obtaining complete communications rather than selected screenshots, checking booking or travel records, identifying independent witnesses, testing location data or pursuing defined third-party material where there is a proper evidential foundation.

Where the client’s interview account identifies a specific enquiry, the defence can explain why it matters to the charging assessment and what should be preserved or obtained before evidence is lost.

What happens next

After interview, police may continue digital, forensic, witness or third-party enquiries while the suspect is on bail or released under investigation. The file may later be submitted to the CPS for a charging decision or early advice.

Representations are usually most useful once the allegation and defence position are sufficiently understood but before the decision-maker has finally determined the case. Sometimes the correct advice is to obtain better evidence first or avoid disclosing a defence point prematurely.

Immediate steps

Preserve original messages, photographs, location history, booking records and other potentially relevant digital material. Identify CCTV and witnesses early. Prepare a chronology that distinguishes clear memory from uncertainty.

Keep all police, bail and RUI documents. Do not contact a complainant contrary to bail conditions or seek evidence in a way that could create a separate allegation.

What should you send us?

Send the allegation and interview disclosure; custody, bail or voluntary-attendance paperwork; the interview account or attendance note; relevant communications and digital material in original form where possible; witness details; supporting records; and the next bail or review date.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can review the allegation and interview, identify the statutory and evidential issues, build the chronology, analyse digital and witness material, identify reasonable lines of enquiry, advise on timing and prepare focused pre-charge representations where justified. No representation can guarantee that a charge will be avoided.

Primary legal sources

CPS Rape and Sexual Offences Prosecution Guidance — current RASSO guidance, updated June 2026.

CPS Disclosure Manual: Digital Material — current digital-evidence disclosure guidance.

Attorney General’s Guidelines on Disclosure — reasonable-lines-of-enquiry and disclosure framework.

Code for Crown Prosecutors — charging test.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

When are pre-charge representations useful in a sexual offence case?

They may be useful where the defence can identify focused evidence, a legal issue or a reasonable enquiry capable of materially affecting the charging assessment. Timing matters: the decision-maker must still have a genuine decision to make.

Does the police have to examine every message or third-party record?

No. Current disclosure practice is proportionate and issue-led. Digital and third-party enquiries should have a proper evidential foundation rather than amount to speculative trawling.

Can pre-charge representations guarantee no further action?

No. They can ensure relevant defence material, legal issues and reasonable enquiries are properly identified before the decision, but the charging outcome remains with the police or CPS.

NEXT STEP

Request a sexual-offence pre-charge review

Send the allegation, interview and bail/RUI status, next date and the core defence material so we can assess whether there is a defined pre-charge intervention to make.

Request a sexual-offence pre-charge review