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
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
Falsely accused of a sexual or domestic offence? Our team answer some frequently asked questions.
Social media is increasing the risk of unintentional viewing of illegal material, leading to arrests and convictions.
