Before a charging decision

Pre-Charge Representations

Interviewed by police but not charged? Theodorous is a London-based criminal defence firm advising clients across England and Wales on whether defence evidence, further enquiries or written pre-charge representations should be put before police or CPS before a charging decision. We review the allegation, interview, bail or released-under-investigation status, available material and any approaching deadline before recommending the next step.

Request a pre-charge review Police interview not happened yet?

Start with a short enquiry. Tell us the allegation, interview date and next deadline. We will check whether we can assist and confirm the proposed scope and fee before any paid work begins.

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.

Case referred to the CPSIf the police file has been referred to the CPS for a charging decision or early advice, the case is still pre-charge until a final decision is made. Focused defence evidence or representations may still be relevant if the decision remains open.

Send us the key facts firstAllegation • police force • interview date • bail/RUI status • next date • core defence material

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What can pre-charge representations actually do?

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.

Written pre-charge representations and voluntary pre-charge engagement are related, but they are not identical. Annex B of the Attorney General’s Guidelines on Disclosure describes voluntary engagement after the first interview under caution and before charge. Written representations may instead focus on the evidence, the applicable charging test or a particular line of enquiry for the police or prosecutor to consider. The choice depends on what is known, the timing and whether putting a defence point forward early could create unnecessary risk.

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 build a pre-charge case

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 result can the representations seek?

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 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 Prosecutors Director's Guidance on Charging Attorney General's Disclosure Guidelines

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.

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.

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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.Fraud Pre-Charge Investigations Stalking & harassment investigationsChronology, course of conduct, digital context, restrictions and the evidential picture before charge.PWITS & drug supply investigationsPossession, attribution, intent, phone evidence, searches, cash and forensic material.Money Laundering Pre-Charge Investigations ABH & GBH investigationsInjury level, intent, self-defence, CCTV, medical evidence and charge selection.Professional and Regulatory Defence Sexual offence investigations before chargeRASSO evidence, digital material, reasonable lines of enquiry and focused representations before the charging decision.Police device seizure & digital evidencePhones, laptops, forensic downloads, retention, attribution and evidence strategy while the investigation remains open.

Before charge

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

Start with a short summary of the allegation, interview date, bail or RUI status and next deadline. We will check whether we can assist, explain the proposed work and agree the fee before paid work begins. You do not need to prepare a full case file to make your first enquiry.

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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?

Ideally, once the allegation, interview account and most important defence material can be assessed, but before the relevant police or CPS charging decision. A solicitor can identify what must be preserved now, whether an outstanding CCTV download, witness account or digital enquiry needs to be raised, and whether an early focused submission would be useful. The timetable is not identical to a police bail date. If the file has been referred to the CPS or a decision is imminent, tell us the latest known status immediately rather than waiting for every document to arrive.

Can representations guarantee no further action?

No. Neither pre-charge representations nor instructing a solicitor guarantees no further action. Properly prepared submissions may identify evidence that weakens an allegation, a missing reasonable line of enquiry, a legal deficiency, or a proportionate alternative to prosecution. Police and prosecutors must make their own decisions under the applicable charging framework. We assess whether representations are worth making, what outcome can realistically be requested and which factual or legal points should be supported by documents.

What evidence can be included?

Relevant material may include original messages, emails, CCTV or doorbell footage, location records, financial documents, employment or medical records, photographs, witness accounts and expert evidence. The important issue is not volume but what each item proves and whether it can be authenticated. Preserve originals and dates, identify third-party material at risk of deletion, and let your solicitor decide whether to provide documents immediately or first request a particular reasonable line of enquiry. Do not alter records or approach protected witnesses or complainants.

What if my case has been referred to the CPS for a charging decision?

A referral to the CPS does not mean a charge has already been authorised. If the decision remains open, the solicitor can establish the position with the officer, identify the reviewing prosecutor where appropriate and seek to put a focused evidential or public-interest submission before the decision. The CPS may ask the police for further enquiries. If charge has already been authorised or proceedings have begun, advice should address the new procedural stage, including disclosure, defence preparation and any lawful route to reconsider the charge. Timing and the actual decision status are critical.