Pre-charge representation is paramount when someone is accused of serious criminal offences such as coercive and controlling behaviour and rape, the consequences can be devastating long before a case reaches court. An arrest, police investigation and bail conditions can have a profound impact on a person’s reputation, career, family life, finances and mental wellbeing.
This recent case demonstrates the importance of obtaining experienced criminal defence representation at the pre-charge stage of a police investigation.
Eventum Legal represented a client who had been accused by his wife of coercive and controlling behaviour throughout their marriage and an allegation of rape on one occasion. Following an extensive investigation lasting almost two years, the Crown Prosecution Service (CPS) decided that no further action should be taken against our client in relation to the criminal allegations.
The case highlights the importance of carefully examining the evidence, obtaining material capable of testing the allegations and presenting a properly prepared defence case to the police and CPS before a charging decision is made.
The Allegations
Our client approached Eventum Legal following his arrest on suspicion of coercive and controlling behaviour and rape.
The allegations of coercive and controlling behaviour included assertions that, throughout the marriage, our client had:
- exercised control over the matrimonial finances and restricted his wife’s spending;
- prevented his wife from working;
- isolated her from friends and family;
- accessed her telephone to monitor her communications; and
- retained her passport.
There was also an allegation that our client had raped his wife on one occasion.
These were extremely serious allegations. If charged and prosecuted, our client faced the prospect of criminal proceedings with potentially significant consequences for his family life, career, reputation and future.
Importantly, our client instructed us before a charging decision had been made. This meant that there was an opportunity to examine the evidence and put forward representations to the police and CPS before the case reached court.
What Happens Before the CPS Decides Whether to Charge?
A criminal investigation does not necessarily result in a charge.
In cases investigated by the police, the evidence gathered during the investigation may ultimately be referred to the CPS for a charging decision. The CPS must consider whether the applicable evidential and public interest tests are met before a prosecution can proceed.
For a suspect, the period before a charging decision can therefore be critical.
A properly prepared defence case may identify evidence, inconsistencies or alternative explanations that need to be considered before the prosecution makes its decision.
This is one reason why obtaining specialist criminal defence advice at an early stage can be so important.
The Investigation
Following our client’s arrest and police interview, he was released on police bail subject to conditions which restricted his contact with his wife and children and excluded him from the family home.
The police continued their investigation and obtained evidence from a number of sources.
This included witness evidence from people who were said to support the allegations made by the complainant. One of the witnesses was our client’s son.
The police also conducted a full video-recorded interview with the complainant and interviewed our client under caution.
Why a Police Interview Matters
A police interview is not simply an opportunity for a suspect to explain their position. It is an important evidence-gathering exercise.
What a suspect says during an interview under caution can form part of the evidence considered by investigators and, where a prosecution follows, may become relevant to the prosecution case.
For that reason, the preparation for a police interview is an important part of a criminal defence strategy.
In this case, our client’s interview formed part of the wider evidential picture that would ultimately need to be considered by the police and CPS.
The Personal Impact of the Investigation
The investigation continued for almost two years.
During that period, our client faced significant personal difficulties. In addition to dealing with the breakdown of his marriage and the allegations themselves, his bail conditions meant that he was excluded from his home, had limited contact with his children and had to finance alternative accommodation.
The investigation also had a serious impact on his mental health.
At Eventum Legal, we believe that effective criminal defence representation involves more than simply reviewing the allegations. Understanding the client, their circumstances and the background to the case is essential when identifying evidence and developing a coherent defence strategy.
Over the course of the investigation, we therefore took the time to understand our client’s background, the history of the relationship and his account of the marriage.
Building the Defence Case
Once we had developed a detailed understanding of our client’s position, we began identifying and obtaining evidence capable of testing the allegations.
Witness Evidence
We obtained statements from witnesses who knew our client and his wife during the marriage.
This included family members and friends who were able to provide evidence about the relationship and circumstances which, according to our client, were inconsistent with aspects of the allegations.
Independent witness evidence can be particularly important in cases involving allegations about what took place within a relationship, as it can provide investigators with information about the wider circumstances surrounding the parties.
Financial and Banking Evidence
The allegation that our client had financially controlled his wife required careful examination.
We therefore obtained and reviewed information concerning the matrimonial finances, including how money was managed and what access the parties had to financial resources.
The material we obtained was relevant to our client’s position that, although he had taken responsibility for managing the family finances and was financially prudent, this did not amount to controlling behaviour.
The financial evidence included information concerning his wife’s access to bank cards, credit cards and store cards, together with evidence concerning the way in which household and personal expenditure was funded.
Rather than simply relying upon our client’s account, the aim was to identify documentary evidence that could allow the allegations to be objectively assessed.
Photographs and Other Evidence
We also obtained photographs showing our client’s wife attending family gatherings and social events.
While photographs alone cannot determine whether an offence has occurred, they can form part of the wider evidential picture and may be relevant when assessing particular aspects of an allegation.
Messages and Communication Records
One of the most important areas of evidence involved the parties’ communications.
We obtained a comprehensive download of communications between our client and his wife across various platforms.
These communications were carefully reviewed and identified material which, in our client’s view, was inconsistent with aspects of the allegations.
Among other matters, the communications provided evidence relevant to:
- the complainant’s access to and use of money;
- her ability to visit family members;
- family members visiting the matrimonial home;
- her social activities and contact with friends;
- the nature of the relationship between the parties; and
- communications surrounding the date on which the allegation of rape was said to have occurred.
We also reviewed communications between the complainant and members of our client’s family. These provided further evidence relevant to the complainant’s relationship with family members and her social and family activities during the marriage.
The significance of this material was not simply that individual messages could be identified. It was the overall evidential picture that emerged when the communications were considered alongside the other evidence obtained during the investigation.
Preparing Pre-Charge Representations
Once the evidence had been gathered and carefully reviewed, Eventum Legal prepared formal pre-charge representations to the CPS.
The representations were prepared by our senior lawyer, Jessica Wilson, and brought together the evidence and submissions which we considered demonstrated that the evidential threshold for charging had not been met.
Pre-charge representations are an important part of criminal defence work where there is an opportunity to make submissions before the CPS reaches its charging decision.
The purpose is not simply to tell the prosecution that the suspect denies the allegations. A properly prepared representation should identify the relevant evidence, address the allegations and explain why, on the evidence available, a prosecution should not proceed.
Why Early Criminal Defence Advice Matters
For anyone under investigation for a serious offence, it is important to understand that the defence does not necessarily begin when a person receives a charge.
There may be important opportunities before charge to:
- understand the allegations being investigated;
- obtain and preserve relevant evidence;
- identify witnesses;
- review documentary and digital material;
- prepare appropriately for a police interview;
- identify evidential weaknesses or inconsistencies; and
- make representations to the police or CPS where appropriate.
Every case is different, and whether pre-charge representations are appropriate will depend on the circumstances and evidence.
However, early advice can allow a defence team to consider these issues before an irreversible charging decision is made.
The Outcome: No Further Action
Following consideration of the evidence and the representations made on our client’s behalf, the CPS decided that no further action should be taken in relation to the criminal allegations.
This meant that our client was not charged with coercive and controlling behaviour or rape and did not have to face criminal court proceedings in relation to those allegations.
For our client, this was an extremely significant and welcome outcome after an investigation lasting almost two years.
We were pleased to achieve an outcome which meant that he would not face a criminal prosecution and could begin to rebuild his life following an extremely difficult period.
What Happens After a Criminal Investigation Ends?
Although the criminal investigation has now concluded, the wider family dispute has not necessarily ended.
The complainant is continuing to seek relief through the family courts, including an application for a non-molestation order.
This is an important distinction. A criminal investigation and family proceedings are separate legal processes, governed by different rules and involving different legal tests.
A decision by the CPS to take no further action in a criminal investigation does not automatically determine the outcome of related family proceedings. Equally, family court proceedings do not themselves establish criminal guilt.
Anyone facing allegations across both the criminal and family courts should therefore obtain advice on the different proceedings and how they may interact.
What Can This Case Teach Someone Under Investigation?
This case demonstrates several important points for anyone who is the subject of serious allegations.
-
Seek legal advice as early as possible
You do not necessarily need to wait until you have been charged before obtaining specialist criminal defence advice.
Early advice can be particularly important where the police are still gathering evidence and a charging decision has not yet been made.
-
Evidence matters
A denial of an allegation is only one part of a defence.
In appropriate cases, financial records, messages, photographs, witness evidence and other documentary material may help investigators understand the wider circumstances.
-
Digital evidence can be significant
Messages and other communications may provide important evidence about the nature of a relationship and events surrounding particular allegations.
However, digital evidence must be considered carefully and in context. Isolated messages may not provide the complete picture.
-
Police interviews require careful preparation
Anything said during a police interview may become part of the evidential picture.
Anyone invited to attend a voluntary interview or arrested and interviewed under caution should seek appropriate legal advice before deciding how to approach the interview.
-
Pre-charge representation can be an important defence opportunity
Where the evidence allows, carefully prepared representations may give the CPS an opportunity to consider the defence case before deciding whether to charge.
There is no guarantee that representations will prevent a charge, but they can be an important part of the defence strategy in an appropriate case.
Eventum Legal: Specialist Criminal Defence
At Eventum Legal, we understand the considerable impact that an allegation of a serious criminal offence can have on an individual and their family.
Our approach is to examine the allegations carefully, understand the individual circumstances of the client and identify evidence that may assist in establishing the true evidential picture.
In this case, our work began at the pre-charge stage and continued throughout an investigation lasting almost two years. By taking a detailed and evidence-led approach, we were able to prepare comprehensive representations for consideration by the CPS.
The result was a no further action decision, meaning our client was not charged with the allegations of coercive and controlling behaviour or rape.
If you are under investigation for a serious criminal offence and have not yet been charged, obtaining specialist legal advice at an early stage may allow your defence team to consider the evidence and advise you on the options available to you before the charging decision is made.
Free Initial Consultation
Our team provide a free initial consultations for all cases, including for pre charge representation, this enables us to confirm that we can take your case on and that we are going to be the right lawyers for you.