Pre-Charge Engagement Success in Case of Controlling or Coercive Behaviour
Pre charge engagement
is the process in which defence lawyers engage at the early stages of a criminal investigation with the police and the Crown Prosecution Service. Pre charge engagement can be extremely beneficial in cases where controlling or coercive behaviour is alleged, and/or sexual
offences. Pre charge engagement can save the accused the stress and anxiety of court proceedings, the costs of court proceedings and importantly a conviction for a criminal offence.
Our team have a proven track record of successfully preparing and presenting our client's defence early whilst protecting their legal position, leading to no further action being taken, avoiding a prosecution.
The Allegation
In December we were instructed by a young professional who had been accused of controlling or coercive behaviour
by his wife of 13 years. They had two young children who by virtue of the allegations were kept apart from their father for a significant period of time due to bail conditions, and later a non molestation order applied for by the mother to the family court. This subsequently caused much disruption and sadness to them and our client who had acted as their main carer during the marriage.
The allegations stemmed down to emotional abuse, financial control and control over who the complainant could and could not see both family and friends.
The Law
Section 76 Serious Crime Act 2015 (SCA 2015)
created the offence of controlling or coercive behaviour in an intimate or family relationship (CCB). It can be tried summarily or on indictment and has a maximum penalty of five years’ imprisonment. Read more about what behaviour can amount to controlling or coercive behaviour here.
Our Initial Consultation
Our initial discussions regarding the case were with a concerned family member, having obtained a brief background to the case we arranged a more in-depth consultation with the accused, who then became our client. During our initial consultation we discussed the allegations, and what had happened so far in the case, we provided advice on the law and procedure and what we can do to help.
Before instructing us our client had been relying on the use of the duty solicitor assigned to him upon arrest at the police station, however months had passed since his interview and no progression had been made, and he rarely heard from his legal aid solicitors, increasing his stress and anxiety about the whole situation.
Thankfully the client had come across Eventum Legal and had read about our approach to pre charge engagement. With so much background to the case, and the detail the client had which undermined the allegations, it was quickly established that his case would benefit from us engaging with the police and CPS as soon as possible, with a view to clearly and carefully presenting the defence case in a way which would undermine the allegations.
Next Steps and Defence Strategy
Following our initial call with our client, a clear case strategy was in place, leading our client to feel supported, that he had a team behind him ready to fight his for his position and protecting his legal interests.
We set to work immediately, and we had contacted the police within 24 hours to begin our engagement. We obtained disclosure of the case and thorough update of where the police investigation
was at. All papers from the duty solicitor and notes from the police interview were obtained and considered by our team.
We obtained documents from our client which he had gathered this included bank statements, social media posts, travel bookings, diary entries, and official documents from third parties. From a review of all documentation, we identified witnesses and therefore began to obtain statements in support of our client’s case.
Whilst our lawyers were working on the legal aspects of the case, our client care team was on hand at all times to provide updates and support to our client. At Eventum Legal we understand and empathise with the awful feelings of being under police investigation for controlling or coercive behaviour can bring, our passion for ensuring a fair investigation and justice means looking after our client's wellbeing is paramount to enabling us to build the strongest and best possible defence.
Pre Charge Representations
Whilst gathering documents and supporting information on our client’s behalf we were also drafting pre charge representations, a formal letter to the police and CPS which set out our client’s position, his defence and clearly points out the evidence he had which supported his denial of the offences and undermined the complaint. A pragmatic, yet robust approach was taken to this, which ultimately worked in our client’s favour.
Approximately two months following instruction and within 5 weeks of our defence bundle being served, the case was reviewed by the police inspector and no further actioned. The case did not even reach the CPS due to the strength of the evidence presented by the defence.
The Impact on Our Client
Our client was a young professional, he was a registrar cardiologist with a prosperous career ahead of him. Luckily, he had a supportive family who helped him during the time he had no home and was suspended from practising medicine. Not only was his career affected, but his relationship with his children was also damaged with him being restricted from living in the family home he was no longer the constant parent in the children’s lives.
The decision to take no further action following successful pre charge engagement means that our client is now in the process of moving forwards with his life. He is due to recommence his employment, and will be fighting for access to his children with the help of family lawyers, whom we will continue to be on hand for as they navigate the family proceedings.
How We Can Help You?
Our team are proud to be lawyers who genuinely care for our client, with injustice being served daily we ensure that our client's are investigated fairly, and their defence is strongly advanced at the earliest opportunity. We will challenge all external factors impacting your case, and liaise where necessary with family lawyers, employers and regulatory bodies to assist you. Our pre charge engagement provides you with a safety net and an opportunity to avoid criminal charges. If you would like to discus the work we can do to assist your case and current circumstances then get in touch with our team
for a free initial and strictly confidential consultation.
We Can Help With
Have you been charged with indecent image possession? Do you want to know how many cases get dropped? Read our latest article to learn more.
Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality. Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
