GUIDE • BEFORE CHARGE

Pre-Charge Engagement: What It Is and When It May Help

Pre-charge engagement is a recognised, voluntary process that can take place after a suspect has been interviewed under caution and before charge. Used properly, it can identify reasonable lines of enquiry, clarify the defence position and help ensure relevant information is considered while the charging decision is still open.

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SOLICITOR REVIEWEDReviewed by Paris Theodorou, Principal Solicitor at Theodorous • Christodoulos Ltd • SRA 809508 • Last reviewed 23 September 2026

QUICK ANSWER

Pre-charge engagement can put useful defence information into the investigation before charge

The Attorney General's 2024 Disclosure Guidelines recognise a voluntary process of pre-charge engagement after a suspect's first interview under caution and before charge. It can be used to identify potential lines of enquiry, clarify issues and improve the information available to investigators and prosecutors before a charging decision.

Important distinctionFormal pre-charge engagement is a recognised two-way process. Pre-charge representations are written defence submissions asking the police or CPS to consider particular evidence, law, enquiries or public-interest matters. They can overlap, but they are not automatically the same process.

THE OFFICIAL FRAMEWORK

Who can start pre-charge engagement?

The Attorney General's Guidelines say pre-charge engagement is voluntary and may be initiated by the investigator, prosecutor, a suspect's representative or an unrepresented suspect. It is not a substitute for a PACE interview and it does not displace the investigator's duty to pursue reasonable lines of enquiry.

After interviewThe recognised process takes place after the first interview under caution and before charge. That makes the post-interview investigation stage particularly important.

VoluntaryNeither side is required to engage. Whether engagement is useful depends on the allegation, disclosure position, investigation stage and the material the defence can responsibly identify.

RecordedThe Guidelines provide for a written record of key discussions, information supplied, lines of enquiry suggested and material exchanged during formal engagement.

WHAT IT CAN DO

The aim is to improve the evidential picture before the charging test is applied

The CPS charging framework requires consideration of the likely defence and relevant material when assessing whether there is sufficient evidence to prosecute. Used carefully, pre-charge engagement can help identify information that may affect that assessment.

Identify reasonable lines of enquiryFor example, obtaining CCTV, preserving digital material, checking location or transaction records, speaking to a relevant witness or testing a specific factual proposition.

Clarify the defence positionA focused explanation may help investigators understand why particular evidence matters and avoid treating a disputed fact as if it were agreed.

Narrow the issuesSome factual or technical points can be clarified before charge, reducing unnecessary dispute and directing attention to the real evidential issues.

Inform the charging decisionThe official guidance recognises that useful engagement may improve the material available to the investigator or prosecutor when deciding whether and what to charge.

DISCLOSURE BEFORE CHARGE

The statutory disclosure regime has not yet started

Because proceedings have not yet been instituted, the ordinary statutory disclosure rules do not apply in the same way during pre-charge engagement. However, the Attorney General's Guidelines say investigators and prosecutors should consider whether additional unused material needs to be disclosed so that engagement is fair and the suspect is not misled about the strength of the case.

This is not a right to the entire prosecution fileThe defence should not assume that all unused material will be provided before charge. What is disclosed, requested or volunteered needs to be handled strategically and in the context of the particular investigation.

ENGAGEMENT VS REPRESENTATIONS

When might a solicitor make written pre-charge representations?

A defence solicitor may conclude that the most useful step is a focused written submission rather than, or alongside, formal engagement. Representations can draw together the evidential issue, the defence material, a missing line of enquiry, a legal point or relevant public-interest considerations and explain why they matter before charge.

Pre-charge engagementA voluntary process of communication recognised by the Attorney General's Guidelines. It may involve dialogue, proposed enquiries, disclosure considerations and an agreed or recorded exchange of information.

Pre-charge representationsFocused written submissions prepared for the relevant investigator or prosecutor. Their purpose is to put legally and evidentially relevant defence material before the decision-maker at the appropriate time.

See our Pre-Charge Representations service →

STRATEGY MATTERS

More communication is not automatically better

Information given before charge may become evidential or disclosure material. A premature submission can reveal a defence point before the supporting evidence is secure, answer a question the police had not yet resolved, or lock a suspect into an unnecessary position. The correct approach is case-specific: understand the allegation, preserve evidence, identify the decision-maker and decide what should be said, requested or withheld at that stage.

WHAT TO PREPARE

Useful material after a police interview

Investigation detailsPolice force, officer details, alleged offence, interview date, custody or voluntary-attendance paperwork and any crime or reference number.

Current statusPre-charge bail conditions and return date, released-under-investigation status, or confirmation that the file has been referred to the CPS if known.

Defence materialContemporaneous messages, CCTV, documents, photographs, location data, financial records, witness details or other material that may objectively test the allegation.

OFFICIAL SOURCES

The rules we have referred to

This guide was reviewed on 23 September 2026. The Attorney General's 2024 Disclosure Guidelines are effective from 29 May 2024. The current Code for Crown Prosecutors remains the operative prosecution code while the CPS consults on a proposed revised edition in 2026.

Attorney General's Guidelines on Disclosure Code for Crown Prosecutors 2026 CPS Code consultation

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