Pre-Charge Advice Solicitors
Expert pre-charge legal support: Our solicitors advise and represent you throughout the entire pre-charge period, working to protect your interests and seek the best possible outcome, including having an investigation dropped.
If a serious criminal allegation has been made against you, understandably it can be a very worrying and anxious time. An allegation made to the Police will usually result in the Police investigating the matter further, which can involve an arrest or attendance at a voluntary police interview under caution.
Obtaining specialist private pre-charge advice and representation from our industry-leading criminal defence solicitors is a crucial element in safeguarding your rights and enhancing the prospects of obtaining a favourable outcome.
We represent many professionals, business owners, and high-profile clients who have never been arrested or investigated for any criminal allegation previously, and being placed under investigation for a serious criminal offence can be a daunting time. It is in these circumstances that individuals facing police investigation should seek to appoint expert private defence representation to guide them through these difficult times.
If you have been asked to attend a voluntary interview, have recently been arrested or are being investigated for a serious criminal offence, please complete our contact form or call us on 0330 818 9837 for an initial telephone assessment of your case and we can advise on whether you would benefit from instructing us for pre-charge advice.
Call Our Legal Team
Pre-Charge Advice from Manjinder Kang (Director)
As Manjinder Kang (Director) has the overall conduct of our pre-charge files, he can only accept a limited number of new cases each month. If you would like to instruct him to take your case, you will initially receive a quotation from a member of the team, and Manjinder Kang will then evaluate whether he has sufficient capacity to accept your case.
Chambers Top Ranked Law Firm
Our law firm is ranked amongst the top tier of law firms in the United Kingdom in the category of Crime (which includes Driving Offences) by the prestigious Chambers and Partners law guide.
Legal 500 Leading Firm
The Legal 500 guide describes Kang & Co Solicitors as being “well adept at tailoring its resources to an individual case and investing heavily for the client. Legal advice is honest and the team always takes into consideration the views of the client.”
What is Pre-Charge Engagement and Representation?
This refers to voluntary cooperation between a suspect and the Police / Crown Prosecution Service (CPS) regarding the criminal investigation following the initial police station interview under caution.
Where appropriate, the objective is to make any necessary ‘pre-charge representations’ advocating against any formal prosecution being brought against our clients. This can be on the grounds that a prosecution is not in the ‘public interest’ or ‘there is no realistic prospect of a conviction’. Whether such representations ought to be advanced to the Police or CPS will depend on the offence being investigated, the evidence available to the Police and whether a defence was raised during the initial police interview under caution. Advancing meritless representations can often exacerbate matters.
Where appropriate, the aim is to illustrate to the Police and CPS why the case should not proceed to a formal prosecution against our clients. We can seek to argue that the case should be closed with ‘No Further Action’.
When Should You Obtain Pre-Charge Advice?
Our Pre-Charge Legal Advice & Assistance Package is more suitable for those individuals who have no previous criminal convictions, are business owners or are professionals facing police investigation for the most serious allegations that if prosecuted would progress to the Crown Court.
If you are considering appointing our team for pre-charge advice, this should be sought shortly after you have been notified of the allegation because early advice is crucial to ensure that the defence case is on track.
The needs and requirements of each client are individual however, we are frequently appointed in relation to the following:
- Detailed initial advice before attending a Voluntary Police Station Interview
- Representation at a Voluntary Police Station Interview
- Ongoing advice following the Police Interview
- Initial legal advice regarding the allegation
- Initial advice regarding the Police Investigation Process
- Initial advice regarding Police Bail and Bail Conditions
- Advising and responding to bail extensions
- Liaising on your behalf with the Police / CPS
- Drafting written representations to the Police / CPS
- Corresponding with the Police on your behalf to avoid inadvertent self-incrimination
What Happens After the Police Interview?
Once the police station interview has taken place, depending on whether you were arrested and brought to the station or attended voluntarily, you will be released, and the police will continue with the investigation.
The duration of the investigation will depend upon the allegation you are being investigated for, the number of allegations and whether your computers, laptops and mobile phones have been sent off for digital forensic analysis.
Police investigations often take several months and this is a crucial period for raising any lines of enquiry that may potentially assist a suspect.
Why Should I Instruct Kang & Co Solicitors for Pre-Charge Advice?
Kang & Co Solicitors is an exclusively privately funded defence law firm. We provide our clients with excellent legal advice and representation and do not offer Legal Aid. Most criminal defence law firms are Legal Aid firms and do not specialise exclusively in representing professionals, business owners and senior public figures.
Pre-Charge Legal Advice is a complex area of law that requires an individual and tactful approach in each case, for this reason, all Pre-Charge files are handled by our Managing Director, Manjinder Singh Kang, a Band 1 Criminal Defence Lawyers ranked in Chambers & Partners. Our clients are also kept informed throughout the police investigatory process by the wider team, and all Police queries during the investigation are reviewed and advised upon by the firm.
As all pre-charge files are dealt with by our Managing Director, Manjinder Singh Kang, we only accept a limited number of pre-charge cases each month due to his limited availability and to ensure that we maintain the highest quality standards for our existing clients. If you would like to appoint Kang & Co Solicitors for pre-charge advice, please contact our team, and we can advise on our current availability of this service.
We are the firm that many professionals, business owners and public figures appoint when faced with serious criminal investigations, this is partly due to the position the firm holds within the criminal defence sector and partly because such individuals are only willing to be advised and represented by an industry-leading lawyer.
Kang & Co Solicitors is also ranked as a ‘Leading Firm’ in Legal 500 and Chambers & Partners.
Pre-Charge Advice & Representation Package
Our full and comprehensive Pre Charge Advice package, covering you up to the point of being charged or up until investigations into you are dropped, are available from;
£5,000 + VAT to £15,000 + VAT
Some Key Benefits of Early Legal Advice
- Our team actively follows up with the Police on your behalf for regular updates regarding the investigation, which speeds up the investigatory process and often results in an early resolution which in turn reduces the stress and anxiety our clients face.
- Many clients that appoint us on pre-charge avoid prosecution, which saves our clients substantial legal fees compared with the cost of defending the case through to trial in the Crown Court.
- If you are not guilty of the allegation, we can identify potential defences and highlight these with the Police which reduces the risk of being prosecuted.
- If you have not advanced a potential defence at the initial police station interview, we can identify this weakness at the start of the investigation and rectify this mistake before the case is reviewed by the Crown Prosecution Service.
Our Testimonials
Feedback from our clients is helpful and appreciated at Kang & Co to help our team to continually improve our services.
Which Offences Require Pre-Charge Representation
Pre-Charge Representation is potentially suitable for all Police investigations however, we are usually instructed for the most serious allegations listed below:
Criminal Offences
Advantages of Pre-Charge Representation
There are many advantages of securing early representation if you have been accused of a criminal offence.
- We will explain the Police investigatory process so that you understand how the police conduct investigations. This understanding places our clients at a significant advantage compared with those who do not secure early representation.
- If you have already been interviewed, we obtain initial disclosure from the Police and then advise on whether you took the correct action at your interview. Many clients who instruct us have already been interviewed by the police and were advised to answer ‘No Comment’ at the interview by the Duty Solicitor, this may not have been the correct course of action to take. We provide you with the necessary advice regarding your interview account.
- Where appropriate we may write to the police and request a further interview so that you can put forward a defence to enhance the chances of a ‘No Further Action’
- We identify potential weaknesses in the prosecution case and advise on the necessary course of action that should be taken.
- We highlight mitigating factors or explanations for your conduct, which can influence the Police or Crown Prosecution Service to carefully consider whether to proceed with a charge.
- We can advocate for alternative outcomes, such as cautions or restorative justice which can prevent the matter from progressing to court.
- We advise on your bail conditions and can draft submissions to vary bail conditions where appropriate.
- We correspond with the police and CPS on your behalf, ensuring that you do not have direct communication with the investigating officer and avoiding any risk of self-incrimination.
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How Would Pre-Charge Legal Advice Benefit Me?
All cases are unique and individual, with different repercussions for different clients however, in general, there are several ways in which our clients benefit from early legal advice during the police investigation stage:
- Providing the Police with access to your medical records, which may contain potential evidence to support your defence case
- Establishing whether there is CCTV or doorbell footage that supports your case
- Providing encryption keys or passwords to devices that may contain evidence which supports your case
- Giving information or access to digital material relevant to the investigation
- Identifying further lines of enquiry
Common Client Questions Regarding Pre-Charge Engagement
Q: When Should I Obtain Pre-Charge Representation?
A: Once you are aware that the Police are investigating you for an alleged criminal offence, it is always advisable to make enquiries at this stage to assess whether you would benefit from this service. This will usually be once the Police have contacted you to either attend a voluntary interview under caution or following your release from the Police Station.
Q: How Does the CPS Decide Whether to Charge a Suspect with an Offence?
A: The CPS must follow the Code for Crown Prosecutors. This involves an ‘evidential test’ where the CPS must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against the suspect on each charge, based on an objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or on which they might rely. They should consider whether the evidence is admissible, credible, and reliable. Cases that do not pass the evidential stage must not proceed, no matter how serious or sensitive. But even where the evidential stage is met, a prosecution does not automatically take place as the public interest stage must also be considered.
A prosecution will usually take place unless the prosecutor, or where appropriate, the police decision maker, is satisfied that there are public interest factors tending against prosecution which outweigh those in favour. This includes considering whether the public interest can be properly served by offering the offender the opportunity to have the matter dealt with by way of an out-of-court disposal rather than a prosecution.
Q: Is Pre-Charge Engagement Only Available for Serious Criminal Investigations?
A: Suspects of very serious allegations such as rape, GBH and domestic violence allegations will gain a greater benefit from this service, however, the service is still available to the full range of criminal offences.
Q: How Long Does a Pre-Charge Investigation Take?
A: The length of time a client will be under pre-charge investigations depends on factors such as the number of offences the police are investigating, the type of allegations made, the complexity of the matter and whether electronic devices need to be sent off for digital forensic analysis. In matters involving fairly straightforward allegations, a person could be under investigation for several weeks through to a few months. Complex investigations where the Police require evidence from a computer or laptop are likely to be much more in-depth and for this reason, a person could be under investigation for up to 2 years.
Teenager Avoids Life-Changing Rape Charges Through Early Legal Intervention
A 17-year-old student accused of rape, assault and strangulation avoided prosecution after Kang & Co provided specialist police station and pre-charge representation, securing No Further Action.
Business Owner Avoids Serious Drug Supply Charges with Pre-Charge Defence
A business owner faced Class A drug supply allegations risking prison and a criminal record. By identifying a defence of duress and securing a further interview, we achieved No Further Action.
Recent Pre Charge Case
Offence: Grievous Bodily Harm
Our client, a successful property developer in Chelsea, was involved in an incident at a bar in Mayfair, which resulted in an altercation between our client and the alleged victim. During this altercation, our client struck the alleged victim with his glass, and this caused an injury to the alleged victim. Our client was arrested and requested the Duty Solicitor who advised him to answer no comment to all police questions. Following his release from the Police Station, his commercial solicitor recommended that he seek advice from Manjinder Kang regarding his case. Once the client appointed us to act on his behalf, we obtained initial disclosure from the Investigating Officer and attended our client conference. We identified that our client had acted in self-defence however, this had not been raised in his initial interview. We were able to secure a further interview for the client and the defence was put forward. This eventually resulted in the client receiving a decision of No Further Action (NFA). The client avoided the need to attend Court, avoided a criminal conviction and saved significant funds due to the case not proceeding to Court.
Offence: Historic Rape Allegation
Our client was under investigation for having sexual intercourse with his ex-partner some 10 years ago in Exeter, when she was allegedly 14 years old, which would have amounted to rape. This was a stressful time for our client and due to the fact that he was now a senior medical professional, the repercussions for his career and family would have been life-altering if he were to be charged. We provided our client with detailed advice and guided the client on the evidence he would need to obtain to assist his defence case. He was able to provide us with a detailed timeline along with photographic evidence which proved that his partner at the time would have been 16 and over. We drafted detailed representations to the Police which resulted in the case being NFA’d.
What Are Clients Say
Mark W – “Wonderful service professionally guided through the process reassured and eventually NFA was taken, as it should have been.”
Gemma – “I cannot recommend Kang & Co enough for their excellent service and true professionalism. Thank you for all that you assisted me with! The best representation I could have asked for.”
Luke – “I just recently employed Kang & Co Solicitors to assist me in my police interview, they were extremely professional and gave constant updates throughout the process to help put my mind at ease. Mr Kang himself was very easy to talk to (as well as his team I might add) and his legal advice was top notch!!! Honestly I highly recommend this firm for any criminal proceedings. Worth every penny and hopefully I will never require their services again. :). Just thought I’d put an update on this. I have just received no further action from the police. Thank you!!!!!”
Peter H – “I feel very lucky to have been able to engage the services of Kang and Co, having never been subject to this kind of process before they were there every step of the way to ensure that I understood and knew what was happening. Everyone involved in my case was incredibly supportive and professional, and it took away a huge burden from what was a very stressful time; I always felt like I had someone in my corner, on my side, and never felt alone.”
Advantages of Paying Privately for a Specialist Criminal Defence Lawyer
- Expertise: There are a very limited number of law firms throughout the country that exclusively accept criminal cases on a private fee-paying basis, these lawyers will usually only accept such cases because they possess superior legal knowledge and expertise.
- Communication: Paying for legal representation privately will result in better and more frequent communication with your solicitor and legal team. Lawyers paid privately will usually respond to e-mails and phone calls promptly.
- Preparation: The amount of time a lawyer spends preparing a case and considering the evidence will have a significant impact on the result. Paying privately will ensure that the lawyer can spend enough time on case preparation, which will have a positive impact on the overall outcome of the case. We prepare thoroughly for each case.
- Service: Clients who instruct lawyers via private funds will receive a substantially better service than those using legal aid.
- Quality: The overall quality of legal representation from private client solicitors is significantly superior.
- Consistency: We provide all our clients with consistency and continuity, the lawyer dealing with your case will be the same person from start to finish.
The Criminal Investigation Process in the UK: A Step-by-Step Guide
Understanding the criminal investigation process in the UK is crucial, whether you are facing allegations, involved as a witness, or simply seeking to understand how the legal system operates. The process of investigating a crime is methodical, structured, and...
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Birmingham
Cornwall Buildings
45 Newhall Street
Birmingham, B3 3QR
London
330 High Holborn
London
WC2A 1HL
Milton Keynes
Elder House
Elder Gate
Milton Keynes, MK9 1LR
