Before a charging decision

PWITS & Drug Supply Pre-Charge Investigations

If you are under investigation for possession with intent to supply, supply or being concerned in drug supply and have not been charged, the evidence should be analysed before the charging decision. We assess possession and attribution, alleged intent, phone material, searches, cash and financial evidence, forensic links and the investigation timetable, then advise on targeted enquiries or pre-charge representations.

Request a pre-charge review Police 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

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What matters before a PWITS or drug supply charging decision?

A PWITS allegation requires more than the presence of controlled drugs. The investigation may need to establish possession or control and an intention to supply in the future. In supply cases, the precise alleged conduct and the suspect’s role also matter. Attribution can be central where drugs, phones, cash, vehicles or premises are shared.

Investigators may rely on quantity, packaging, scales, cash, phone downloads, messages, call patterns, surveillance, financial records or forensic evidence to infer supply or intent. Each strand should be tested for ownership, context, date, continuity and whether it actually links the suspect to the alleged activity. Cash may be relevant in context, but cash alone is not necessarily evidence of a future intention to supply.

When pre-charge intervention may be useful

Intervention may be appropriate where possession or ownership is disputed, a device or account has been attributed to the wrong person, messages require their full context, the quantity is capable of another explanation, cash or banking activity has a documented lawful source, or a reasonable forensic or digital enquiry has not been completed. The point must be evidentially grounded rather than speculative.

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 analyse a drug supply investigation

We identify the exact suspected offence and build an evidence map covering the drugs, location, search, phones, communications, cash, banking material, vehicles, witnesses and forensic evidence. We separate evidence of possession from evidence said to prove intent or actual supply and examine the alleged role of each person involved.

Where justified, representations can address attribution, evidential gaps, the meaning of communications, alternative explanations for money or possessions, missing downloads or forensic work, and whether the proposed charge accurately reflects the evidence. The defence should avoid volunteering material that creates unnecessary strategic risk.

What can the pre-charge strategy seek to achieve?

The objective is to ensure that the police or prosecutor assesses the correct offence against the complete evidential picture. Depending on the facts, that may involve further enquiries, removal or narrowing of an allegation, consideration of a different charge, or no further action. Serious supply allegations are treated seriously and no particular outcome can be guaranteed.

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

PWITS cases should separate possession, attribution and intent

The prosecution may seek to prove intent to supply directly or by inference from surrounding evidence. A pre-charge review should therefore identify what actually links the suspect to the drugs and what evidence is said to convert possession into an intention to supply, rather than treating every item seized as pointing in the same direction.

Possession, control and intent

We examine where the drugs were found, who controlled the place or container, forensic links, quantity, purity, packaging and any equipment said to indicate onward supply. Evidence capable of supporting personal use, third-party possession or another explanation must be considered alongside the prosecution inference.

Phones, CCTV and forensic enquiries

Reasonable enquiries may include completing device downloads, identifying the true user of a handset or account, recovering deleted or surrounding communications, checking CCTV, obtaining fingerprints or DNA, reviewing vehicle or location evidence and tracing financial transactions. The relevance of each enquiry depends on the prosecution theory.

The charge must fit the alleged conduct

Possession with intent to supply, actual supply, offering to supply and being concerned in supply are distinct allegations. For PWITS, the alleged intent concerns future supply; if the evidence points only to past supply, a supply charge may be the proper allegation instead. Supply does not require proof of payment or reward. A defence review should test whether the evidence supports the proposed offence and whether the suspect’s alleged role is being accurately characterised.

Role, vulnerability and wider investigation

Drug investigations can involve multiple suspects, alleged conspiracies, exploitation, debt, threats, vulnerability and parallel POCA enquiries. Where any of those issues genuinely arise, they should be evidenced and handled as part of the overall defence strategy rather than added as a generic mitigation point.

Evidence commonly relevant to PWITS and drug supply investigations

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.

LEGAL GUIDEUpdated 30 September 2026

Prepared by Theodorous. Principal Solicitor: Paris Theodorou.

Official sourcesMisuse of Drugs Act 1971, section 5 — legislation.gov.uk Drug Offences prosecution guidance — CPS Drug offences — CPS

Before charge

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

Send us the suspected drug offence, police force, interview date, bail or RUI status, next known date and the key material concerning the drugs, phones, search, cash or alleged supply. We can assess whether pre-charge intervention is strategically justified and what evidence should be prioritised.

Request a pre-charge case review

Frequently asked questions

Pre-charge representation FAQs

What evidence can be used to prove intent to supply?

Intent can be proved directly or inferred from surrounding evidence. Quantity, purity, packaging, scales, communications, surveillance and other material may be relied on. Cash can be relevant in context, but cash alone is not necessarily evidence of future supply. Each strand still needs to be tested for attribution, context and whether it genuinely supports a future supply.

Does drug supply have to involve a sale or payment?

No. Supply is wider than a commercial sale and does not require proof of payment or reward. The precise alleged transfer or role still matters when deciding the correct charge.

What if drugs or phones were found in shared premises?

Shared premises can make possession, control and attribution central issues. The location of the item, access, fingerprints or DNA, phone ownership, messages, CCTV and the wider chronology may all matter to whether the evidence links a particular suspect to the drugs or alleged supply.

Can phone messages be enough to support a supply allegation?

Messages can be important evidence, but they should not be read in isolation. Attribution, dates, surrounding conversations, deleted or missing material, handset ownership and whether the language actually supports the prosecution interpretation all require analysis.

Can pre-charge representations guarantee no further action?

No. They can identify evidential weaknesses, attribution issues, alternative explanations, reasonable lines of enquiry or charge-selection points that may affect the decision, but the final decision remains with the investigator or prosecutor.