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.

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