'Defence on the front foot' The benefits of being pro-active during Police investigations

Andy Rootsey was delighted to inform his client yesterday that he would not be prosecuted for Rape and?that Police were now closing the matter. This case is a perfect example of the benefits of early Pre Charge Advice and Pro Active Defence using the Pre Charge Engagement Protocols.

Pre-charge engagement refers to voluntary engagement between the parties to an investigation after the first police (PACE) interview, and before any suspect has been formally charged, undertaken in accordance with the Attorney General’s guidelines on disclosure.

The Protocols provide an opportunity for suspects to provide investigators with further lines of enquiry which can include access to digital material, identification of potential witnesses and the provision of other evidence that investigators may have been otherwise unaware of, that point away from a suspect’s guilt. Pre-charge engagement can help inform a prosecutor’s charging decision and avoid a case being charged that would otherwise be stopped at a much later stage in proceedings or even go to trial.

Our client came to this firm after he felt he had not received the correct advice from his previous Solicitors nor done his case justice in his first interview.?

Our client was able to provide voluminous material in support of his defence, including the provision of digital, social media, audio and video evidence.

After meticulous, painstaking and thorough examination of the material and in light of further instructions, it was clear that serious doubt was placed on the credibility of the allegation and the strength of the case against him.

The difficulty in many Sexual Offence allegations is often the case will centre around one person’s word against another. Careful and pro-active analysis of all available evidence is essential at the earliest stage possible to avoid charge and subsequent Court proceedings.

By having the opportunity to carefully consider and produce the powerful evidence to Police in context and with explanation, together with additional witness details,?The Crown Prosecution Service and Police reached a similar conclusion that there was not a realistic prospect of a conviction based upon an objective assessment of the evidence. The decision was therefore to take No Further Action against our client and no charges were brought.

Without our input our client may well have been charged, faced years of uncertainty and anxiety awaiting trial, only to be acquitted once the evidence was put before a Jury or following legal argument at Court, amounting to a huge financial cost to the taxpayer and the client.?Early resolution of cases reduces anxiety for complainants as well as suspects by avoiding cases coming before the Courts that simply should never be charged in the first place.

Whilst the Government seek to encourage Pre-Charge-Engagement (in part, arguably to save the taxpayer the burden of the cost of a great many unnecessary Court trials) the hourly renumeration available under Legal Aid is sadly derisory with a very low upper fixed costs limit that is frankly unrealistic and unworkable in the vast majority of such cases.

In this case our client was fortunate enough to be able to fund his defence privately, allowing us to undertake a great many painstaking hours considering the large amount of material provided. Under Legal Aid, renumeration would have amounted to less than ￡5 per hour.

Police and Prosecutors performing their own examination of the vast material in this case without context and direction,?were unlikely to have realised it’s significance and bearing upon the issues at hand. This may have led to a completely unnecessary Trial, further adding to the backlog of cases meandering through the system currently.

The Barrister’s strike has brought to public attention Britain’s crumbling Criminal Justice System. Legal Aid across the board requires urgent reform for all Lawyers to ensure the system works effectively and fairly. The Taxpayer will benefit from a system that does.

Murray Hughman are able to utilise the Pre-Charge Engagement protocols by being proactive at an early stage in criminal investigations in order to bring matters to an early favourable conclusion.?When necessary and appropriate we can make representations to the Police and Crown Prosecution Service that charges should not be brought where there is not a realistic prospect of a conviction or that a prosecution is not in the public interest.?

Andy Rootsey is currently actively engaged in several pre-charge engagement cases with Police, including representing a well-known celebrity and Medical Professional where allegations have been brought against them.?