The Most Important Stage Of A Case May Be Before Charge.
Many of the decisions that influence the future of a criminal case are made long before anyone enters a courtroom.
Chambers UK 2025, Crime
"He has such good judgement, really gets involved with the case and fights for his client's best interests."– Chambers UK, 2025
The period between an initial allegation and a formal charging decision is the most critical window of opportunity in any criminal investigation. It is during this phase that proactive, strategic intervention can prevent charges from ever being brought.
The Principle of Pre-Charge Engagement
Historically, defence lawyers waited for the prosecution to build their case before responding. Modern strategic defence demands early, assertive engagement with investigating authorities and the Crown Prosecution Service (CPS).
We systematically dismantle the investigator's hypothesis by presenting exculpatory evidence, highlighting procedural failures, and advancing compelling legal arguments before the file is passed for a charging decision.
The Strategic Timeline
The Initial Incident
Arrest, voluntary interview, or execution of a search warrant. The immediate priority is damage control and establishing the parameters of the investigation.
Analysis & Strategy
Securing disclosure, identifying weaknesses in the prosecution's emerging case, and locating exculpatory evidence (digital, witness, or documentary).
Pre-Charge Engagement
Formal representations to the investigating officer or reviewing lawyer, demonstrating why the Evidential Test or Public Interest Test for charging cannot be met.
Resolution
Securing No Further Action (NFA), preventing the matter from proceeding to court and protecting the client's reputation.
Are You A...
Your profession shapes both the risk and the strategy. See how Craig works with regulated professionals.
Related Situations
The Police Have Contacted Me
Immediate guidance on initial police contact and your strategic options before responding.
I Have Been Asked To Attend A Voluntary Interview
Understanding your rights and risks before attending a voluntary police interview.
A Search Warrant Has Been Executed
Immediate steps during and after a police search of your home or business.
HMRC Have Contacted Me
Civil vs criminal investigation guidance for HMRC contact.
Frequently Asked Questions
Suggested Reading
Defending Criminal Investigations: The Ultimate Guide
A comprehensive strategic guide to defending police and pre-charge criminal investigations in England and Wales: fifteen chapters from first allegation to final outcome.
Understanding Criminal Investigations: A Strategic Guide
The definitive guide to criminal defence in England and Wales for professionals. What to expect, how to protect yourself, and how strategic defence works.
Police Search Warrants: A Strategic Guide for Homes, Businesses and Professionals
A strategic guide to police search warrants in England and Wales: the powers behind a search, what can be seized, privileged and protected material, and why the period immediately after the search may be decisive.
The wider picture
What else could this affect?
An investigation rarely stays in one place. These are the areas that, depending on the facts, may also need to be considered.
Your liberty
A criminal investigation can carry the risk of arrest, bail conditions or, ultimately, prosecution; the position should be assessed early.
Your record
The outcome of an investigation may affect whether a criminal record arises, which can have consequences that reach well beyond the case itself.
Your reputation
An allegation, even one that is never charged, can create reputational exposure that benefits from a considered, strategic approach.
Your regulator or professional body
A regulator or governing body may take an interest in the same facts, and whether or when to engage should be considered with advice.
Your employer
An employer may become aware of, or need to consider, the allegation; the timing and approach can matter a great deal.
Your career
An allegation can raise longer-term career questions; early advice can help identify how to protect your position.
Before you act
The decision you may be facing next
People in your position often face one of these decisions before anything else. Each one is best made with advice, not under pressure.
Should I seek pre-charge representation now?
Should I challenge my bail conditions?
expertise
Early Intervention Changes Outcomes
Engaging specialist counsel before formal proceedings begin consistently produces better outcomes for clients.
access
Direct Partner Access
Your case is led personally by Craig MacKenzie. You have direct access to your solicitor, with all key decisions, strategy and advice provided at partner level. Behind the scenes, Craig is supported by an experienced legal team to ensure your case is progressed efficiently without compromising on the quality of advice.
confidentiality
Professional Confidentiality
Enquiries and instructions are handled with the professional confidentiality obligations that apply to solicitors. Client matters are not discussed with third parties.
Do You Require Advice About Your Circumstances?
This material provides general information and is not a substitute for advice about a specific investigation or case.
Craig provides legal services exclusively through Forbes Solicitors. To make an initial enquiry, contact Craig at:
craig.mackenzie@forbessolicitors.co.uk
An enquiry does not constitute an instruction. Forbes Solicitors must confirm in writing that it has accepted the matter before any solicitor–client relationship arises.