Before a charging decision

Put the defence case forward before proceedings begin.

A charging decision should be made on the strongest available evidential picture. Where there is material that undermines the allegation, explains the context or affects the public-interest assessment, focused pre-charge representations can place it before investigators and prosecutors at the right time.

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What are pre-charge representations?

Pre-charge representations are submissions made while a criminal investigation is still live and before a final charging decision. They may be addressed to the officer in the case, the police decision-maker or the reviewing prosecutor, depending on where the file has reached.

They are not simply a character reference or a general request for leniency. Effective representations identify the legal and evidential issues that matter to the charging test, explain relevant defence material and, where appropriate, invite a particular outcome such as no further action or an out-of-court disposal.

When representations may be useful

They can be particularly valuable where there is objective material that has not yet been considered, a significant factual dispute, an identifiable evidential weakness, a credible alternative explanation, relevant digital or documentary evidence, or personal circumstances that bear on the proportionality of prosecution.

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 prepare them

We first identify the precise allegation, investigation status and decision-maker. We then review the available disclosure, interview account, messages, documents, chronology and witness material. Where appropriate, we ask for preservation or consideration of material that may be exculpatory or materially affect the assessment.

The final representations are structured around the issues that can legitimately influence the charging decision. That may include evidential sufficiency, reliability, admissibility, inconsistencies, missing lines of enquiry, reasonable explanations, proportionality, public interest and suitable alternatives to prosecution.

What outcome can be requested?

The appropriate request depends on the evidence and offence. In suitable cases it may be no further action. In others, an out-of-court resolution may be available. Representations cannot guarantee an outcome and should not overstate the evidence; their value lies in ensuring the decision is made with properly presented defence material rather than on an incomplete file.

What we may need from you

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.

Frequently asked questions

Can representations stop me being charged?

They can influence a decision where there is a proper evidential or public-interest basis, but no solicitor can guarantee that a charge will be avoided.

Can they be made after my police interview?

Yes. They are often prepared after interview, once the defence account and investigation status are clearer, but before the charging decision.

What if the file has already gone to the CPS?

The strategy changes, but relevant representations may still be capable of being directed to the reviewing prosecutor before a final decision.

Pre-charge strategy

Representations should answer the actual charging issue

Pre-charge representations are most effective when they are evidence-led and directed to the decision the police or CPS must make. They are not a substitute for investigation and they should not merely repeat a denial. The strongest representations identify a concrete evidential weakness, missing line of enquiry, legal issue or public-interest factor that could alter the charging assessment.

Evidential sufficiency

We analyse whether the evidence said to support the allegation is admissible, reliable and capable of meeting the prosecution test. That may involve inconsistencies, identification evidence, digital chronology, medical evidence, hearsay, CCTV, expert evidence or the absence of material that would ordinarily be expected if the allegation were correct.

Reasonable lines of enquiry

The defence can identify specific enquiries that should be pursued before a charging decision: obtaining footage, downloading a particular device, interviewing a witness, checking bank or travel records, preserving metadata or comparing contemporaneous communications. The request should be proportionate and linked to an issue that genuinely matters.

Legal issues

Representations may address the elements of the offence, self-defence, consent, dishonesty, intent, course of conduct, jurisdiction, abuse of process, limitation or other legal points. Where a legal issue can dispose of or materially narrow the case, it should be put clearly and with supporting authority where appropriate.

Public interest and disposal

Even where the evidential threshold is met, the public-interest stage and alternatives to prosecution can matter. Depending on the offence and circumstances, representations may address age, antecedents, health, vulnerability, restitution, proportionality, professional impact and whether a caution or other out-of-court disposal is legally available.

Documents commonly used in pre-charge work

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.

MAKING REPRESENTATIONS COUNT

The strongest pre-charge representations change the evidential picture

A representation is not stronger because it is longer. It should identify the legal or evidential issue capable of affecting the charging decision, support it with material that can be checked and explain why the point matters under the applicable charging test.

Timing

Representations are most useful when the investigator or reviewing prosecutor still has a genuine decision to make and there is enough information to address the allegation responsibly. They should not be rushed simply to create correspondence.

Evidence

Contemporaneous messages, CCTV, location records, financial documents, independent witnesses, medical evidence, expert material and a coherent chronology can be more persuasive than unsupported assertions.

Legal relevance

The document should explain how the material affects an element of the alleged offence, credibility, identification, intent, causation, self-defence or another issue the prosecution must ultimately address.

Public interest and proportionality

Where the evidential stage is met, the Code for Crown Prosecutors requires a separate public-interest assessment. Personal circumstances may be relevant, but they should be presented accurately and in the context of the charging decision rather than as a substitute for the evidence.

Material commonly requested before drafting

the allegation and interview disclosure;
custody, bail or voluntary-attendance paperwork;
the interview account or a detailed attendance note;
relevant communications and digital material in original form where possible;
independent witness details and supporting documents; and
the next bail date or any indication that a charging decision is imminent.

Police interviews Bail Criminal defence

Before charge

Give the decision-maker the material they need to see.

We can assess whether representations are appropriate and what evidence should support them.

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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.