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Before a charging decision

Stalking & Harassment Pre-Charge Investigations

If you are under investigation for stalking or harassment and have not been charged, the period before the charging decision can be important. We assess the alleged course of conduct, communications, chronology, interview account, bail position and digital evidence, then advise whether further enquiries or focused pre-charge representations are justified.

Request a pre-charge reviewPolice 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 stalking or harassment charging decision?

Stalking and harassment allegations are often built from a sequence of events rather than one isolated act. The legal and evidential question is therefore not simply whether contact occurred, but what the alleged incidents were, whether they form a legally sufficient course of conduct, how they are connected in context and what the suspect knew or ought to have known.

Messages, calls, social-media activity, visits, CCTV, doorbell footage, location data and the history between the parties can materially alter that assessment. A selective screenshot or short chronology may give a different picture from the complete communications record, so preservation and context can be critical.

When pre-charge intervention may be useful

Intervention may be justified where the allegation depends on an incomplete chronology, disputed attribution, missing messages or footage, a material factual misunderstanding, lawful or reasonable conduct, or evidence showing that particular incidents have been presented without their surrounding context. The strategy must be tailored to the alleged offence and should not disclose defence material prematurely without good reason.

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 stalking or harassment investigation

We map the allegation incident by incident: dates, locations, communications, alleged impact, police contact and any bail or protective-order restrictions. We then compare that chronology against the client’s account and the available digital, documentary and witness evidence.

Where the evidence supports it, representations can identify a break in the alleged course of conduct, missing context, an evidential contradiction, a reasonable line of enquiry, an attribution issue or another legal point capable of affecting the charging decision. They should be precise rather than a general denial.

What can the pre-charge strategy seek to achieve?

The immediate aim is to ensure that the decision-maker has an accurate chronology and the material genuinely relevant to the alleged course of conduct before deciding whether the evidential and public-interest tests are met. Depending on the evidence, the defence may invite further investigation, narrowing of the allegation or no further action. No 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 ProsecutorsDirector's Guidance on ChargingAttorney General's Disclosure Guidelines

Pre-charge strategy

The charging decision turns on the alleged course of conduct

A useful pre-charge submission addresses the actual stalking or harassment allegation, not simply the existence of a difficult relationship or repeated contact. The analysis should separate each alleged incident, test the connection between them and identify the evidence bearing on context, attribution, knowledge and any relevant statutory defence.

Course of conduct and context

We examine whether the alleged incidents can properly be treated as a connected course of conduct and what the full context shows. That can include the sequence and frequency of contact, who initiated communications, the content before and after selected messages, legitimate reasons for contact and whether apparently separate events are genuinely linked.

Digital chronology and missing material

Relevant enquiries may include obtaining complete message threads, preserving social-media records, checking doorbell or CCTV footage, identifying location material, reviewing call records or interviewing a witness who can place an incident in context. Each request should be specific, proportionate and capable of affecting a live issue.

Knowledge, stalking features and defences

The precise offence matters. Harassment requires a course of conduct and the relevant knowledge test; stalking requires conduct amounting to harassment with stalking features. The more serious statutory routes require additional consequences: depending on the charge, that may include fear of violence on at least two occasions or serious alarm or distress which has a substantial adverse effect on usual day-to-day activities. Any representation should identify the correct offence and address its elements directly.

Bail, no-contact conditions and parallel orders

These investigations often sit alongside restrictive bail conditions, civil correspondence, protective injunctions or Stalking Protection Order proceedings. Police can seek a civil Stalking Protection Order without a prior conviction where the statutory criteria are met. Further stalking reforms were enacted in the Crime and Policing Act 2026, but the relevant new court powers are not yet in force as at 30 September 2026. The defence strategy should account for parallel processes and avoid any step that could create a fresh allegation or breach an existing restriction.

Evidence commonly relevant to stalking and harassment 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 sourcesProtection from Harassment Act 1997 — legislation.gov.ukStalking or Harassment prosecution guidance — CPSCrime and Policing Act 2026 stalking reforms (prospective provisions) — GOV.UKStalking Protection Orders guidance — Home Office

Before charge

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

Send us the alleged stalking or harassment conduct, police force, interview date, bail or RUI status, next known date and the key messages, chronology or other defence material. We can assess whether pre-charge intervention is strategically justified and what should happen next.

Request a pre-charge case review

Frequently asked questions

Pre-charge representation FAQs

What is a course of conduct?

The 1997 Act treats harassment and stalking as course-of-conduct offences. The allegation therefore has to be analysed as a sequence rather than by isolating one message or event. Timing, context, who initiated contact and how separate incidents are connected can all matter.

Does replying to messages mean there cannot be stalking or harassment?

Not automatically. Mutual or responsive contact can be important evidence, but it does not by itself decide whether the statutory test is met. The whole chronology and the nature, frequency and context of the conduct need to be assessed.

Can police impose bail conditions before charge?

Yes. A suspect may be released on pre-charge bail with conditions where the legal requirements are met. Conditions can materially affect contact, residence or other conduct, so any defence strategy must take them into account and avoid creating a separate breach allegation.

Can there be a Stalking Protection Order without a conviction?

Yes. Police can seek a civil Stalking Protection Order without a prior criminal conviction where the statutory criteria are met. The Crime and Policing Act 2026 contains further reforms to stalking protection orders, but the relevant new court powers are still prospective as at 30 September 2026.

Can pre-charge representations guarantee no further action?

No. They can identify evidential gaps, missing context, attribution issues, reasonable lines of enquiry or legal points that may affect the charging decision, but the final decision remains with the investigator or prosecutor.