Is making written representations to the prosecuting authority, arguing that it is unfair and not in the public interest to prosecute you, the best strategy?
Appealing to the prosecuting authority on the grounds that you are generally a good citizen, aside from the incident under investigation, is insufficient to meet the public interest test. Prosecutors are required to apply the statutory test.
There are two limbs to the Code for Crown Prosecutors:
(i) The Evidential Test
In summary, the prosecutor will ask whether there is more than a 50% chance of a realistic conviction, whether the integrity of the evidence is sound and reliable, and whether the test, as opposed to criminal charges proved, is on a balance of probabilities.
(ii) The Public Interest Test
In summary, the prosecutor will then assess whether prosecuting you is in the public interest, with careful attention to the context in applying the criteria:
How serious is the alleged offence?
Were any injuries sustained?
Was harm inflicted on the complainant and/or the public?
What is the culpability of the individual?
What is the professional or public standing of the individual?
What was their level of involvement?
Does the individual have previous convictions?
Is pursuing a criminal prosecution a proportionate response?
Are there appropriate out-of-court disposals available that may apply?
Unless your Solicitor advises that the evidence and facts in your case meet the two-limbed test, issues with the charge or factual chronology may arise, making it tactically and strategically unwise to submit written representations on your behalf.
Many people do not realise that written representations or any letters submitted on your behalf to the prosecuting authority are not protected by legal professional privilege. The prosecuting authority could later use the contents of these representations against you in the proceedings.
Written representations must be structured and comprehensive, carefully applying the criteria to the evidence. The document should consider how it might be used if the prosecuting authority decides to proceed with the case. Simply asking your Solicitor to write to the CPS, appealing to their better nature and emphasising your good character, is unlikely to be effective.
Benefits of using a pre-charge Solicitor
An experienced solicitor can determine whether making written representations is the best approach for your case. This is why it is essential to engage a defence team early, at the Pre-Charge Engagement stage.
Require legal representation?
We advise you to seek legal advice from a member of Garrick Law Team.
Our team of top rated criminal, regulatory and family law solicitors and barristers have decades of experience in all types of cases. We maintain close professional relationships with many of the top barristers, experts and public relations firms nationally and internationally.
We are experts, here to provide advice, support and legal aid. Contact a member of our team today at +44 (0)203 196 7822 or email us at enquiries@garricklaw.com.
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