If you are under criminal investigation, there may be an opportunity to put important evidence and legal arguments before the person deciding whether you should be charged. Chetwode Criminal Defence Solicitors can prepare written representations and submit supporting material to the Crown Prosecution Service (CPS), so the charging prosecutor can consider your position alongside the police evidence.

We advise private clients in England and Wales on whether representations are likely to help, what they should contain and when to send them. Our aim is to prevent an unnecessary prosecution wherever the evidence and circumstances justify that outcome.

Arrange a confidential consultation about your investigation.

Your right to put information before the CPS

As a suspect, you can submit evidence and information to the prosecutor deciding your case. Paragraph 3.4 of the Code for Crown Prosecutors expressly recognises that you, or someone acting on your behalf, may do so before or after charge to help inform the prosecutor’s decision.

You do not have to wait for a court hearing to draw attention to material that supports your defence. We can take the initiative by setting out your position in written representations and explaining why the evidence, the law or the public interest weighs against a prosecution.

This opportunity does not create a right to a meeting with the prosecutor, access to the entire investigation file or a guarantee a delay or a particular outcome. The important practical step is to put a focused submission before the appropriate decision maker while the decision is still open.

What pre charge representations can address

A good submission explains your position, identifies relevant evidence and provides that evidence while explaining to the decision maker how that evidence supports your position. It may also address faults or failings in the police evidence, although this can be difficult where there is limited information available about the prosecution evidence. Importantly, where a defence is available, we can explain how the supporting material affects the case against you and why it should result in no charges being brought – remember a prosecutor is obliged to consider potential defences!

There may also be public interest reasons against prosecution. This is particularly relevant where future offences are unlikely and there is little or nothing to be gained from prosecuting you now. It will also be relevant where there are significant health issues that affect either your liability for the commission of the offence or undermine the point of prosecuting you – these could be physical or mental health issues. By way of example, we recently persuaded the CPS that there was no benefit in prosecuting a client who had been diagnosed with terminal cancer and who was already too unwell to ever drive again due to her condition.

How we prepare and submit your case

We begin by taking a detailed account from you and reviewing the information available, including any police interview and correspondence with investigators. We identify the proposed offence, the disputed issues and the evidence that could make a difference to the charging decision.

We then help you obtain and preserve relevant material. That may involve approaching potential witnesses, seeking records or instructing an expert. We can also ask investigators to pursue specific enquiries where evidence is held by someone else.

Our written representations bring the evidence and legal arguments together in a form the prosecutor can assess. We explain what each supporting document shows, address weaknesses in the case and set out the outcome we are asking the decision maker to consider.

Where the CPS is considering charge, we can send those representations direct to the CPS Charging Team. We will liaise with the investigating officer so the material is also reflected in the police referral, and seek confirmation that it has reached the people dealing with the decision.

How the prosecutor assesses the case

The charging test considers whether there is sufficient evidence for a realistic prospect of conviction and whether prosecution is required in the public interest. The prosecutor must assess the effect of a potential defence and other relevant information you put forward.

Our representations address those questions and seek to provide an answer that is favourable to you. We may ask for no further action, identify enquiries needed before a proper decision can be made or, where suitable, discuss an alternative to prosecution. We explain the implications of any proposed alternative before you decide whether to pursue it.

When to seek advice

Contact us as soon as you know there is an investigation, particularly if evidence may be lost or the police say a file is going to the CPS.

Being on police bail or released under investigation does not mean you have to wait without taking advice. Equally, submitting an account without considering the available evidence may create difficulties. We will explain what work is worthwhile at the stage your investigation has reached.

Common questions

Can you help if another solicitor attended my interview

Yes. We can review your position and advise on the next steps, including obtaining the interview record and relevant papers. We do not need to have represented you at the interview to prepare representations.

Can representations still help after a no comment interview

Yes. A no comment interview does not rule out pre-charge representations. We need to assess what can usefully be put forward and whether a further interview is appropriate.

Will representations stop me being charged

That is usually the aim, but no solicitor can promise a particular outcome. A well-supported submission will put important information before the decision maker and may result in no further action. The outcome depends on the evidence and the applicable charging test.

Speak to Chetwode before a charging decision

If you have evidence or information that the prosecutor should consider, contact Chetwode Criminal Defence Solicitors or call 020 8242 4440. We will assess your position, explain the work we recommend and discuss the fees, so you can decide how to proceed before the charging decision is made.