PCD Solicitors has prevented many prosecutions, often obtaining decisions that no further action will be taken in cases concerning common assault, historic rape, and indecent images.
This article explains more about ‘no further action’ in criminal cases, including what it means and how we work towards our clients achieving this outcome.
What does ‘no further action’ mean?
If you are released from a police interview under investigation, or released on bail prior to charges, you will receive either a summons to attend court or a ‘no further action’ (NFA) letter. No further action means the police are no longer investigating the criminal allegations against you, and you will not have to go to court to answer to criminal charges.
When the police inform a suspect that no further action is going to be taken in their case, this is usually due to insufficient evidence. A written notice will be provided to the suspect or their solicitor to inform them of the decision to close the investigation.
However, when a suspect is notified of the NFA decision, they should also be aware that the case could be re-opened in the future if further evidence comes to light.
In addition, the Victims’ Right to Review Scheme allows a complainant to request details as to why their complaint is not being taken any further within 3 months of the decision.
How PCD Solicitors obtains No Further Action decisions
1. Building a rapport with our client
Building a relationship with our clients from day one is something we pride ourselves on. At PCD Solicitors, it is important for us to sit and listen to our clients closely, which enables us to do the best possible job we can for them.
This allows us to understand their circumstances and their account of what has happened, so we can put a plan of action in place to secure the best result for their case.
We are a niche firm of solicitors who can provide a personal service to all clients, as we understand that no one case is the same and a tailored approach is needed.
2. Developing a relationship with the police
It may seem strange that criminal defence solicitors may want to build a relationship with the officer investigating their clients’ case. However, it is one of the most pro-active steps we can take during an ongoing criminal investigation.
The police do not have a duty to disclose any part of their investigation to us, but it is beneficial to us and to our clients to know exactly how their case is progressing. This way, we can steer the investigation in a direction that will benefit our client, and bring a defence case to the attention of the charging decision maker (likely the Crown Prosecution Service).
More so than ever now, there is great emphasis on pre-charge engagement, and the police are encouraged to engage with defence solicitors at an early stage.
Our specialist team is friendly and approachable, which is a huge advantage when it comes to liaising with police. However, this does not mean we do not fight for our clients – we take a tactical approach with the right attitude, achieving fantastic results.
3. Knowing and understanding the applicable law
It is important to seek a specialist lawyer to deal with any criminal investigation against you, and PCD Solicitors are specialists in defending those accused of sexual offences. This applies to both the investigation and prosecution of such cases, which can be incredibly complex.
In our daily work, we come across a variety of issues that arise in both the investigation of sexual offences and the prosecution of these cases. Knowing and understanding how the decisions made by police can affect a potential prosecution is crucial, and can be used to the advantage of our clients.
We regularly work with specialist barristers at the early stages of a case, who are experts in their particular field of law. Having barristers on board during an investigation brings huge benefits to our clients, as they can provide expert advice on how any decisions made at the pre-charge stage of a case may affect any future court trial, should a client be charged.
Working closely with barristers gives our client access to a team of professionals with different areas of expertise, all working together on their behalf to secure the best possible outcome for their case.
4. Considering evidence and advising our clients
Paying privately for specialist defence solicitors gives you the opportunity to have your evidence considered in real depth and formally presented to the police, where necessary, as early as possible.
If you opted for the duty solicitor at the police station, it is likely that you have been represented at the interview but haven't heard from them since. Duty solicitors are very restricted in what they can do during a police investigation, not necessarily because they are not good solicitors, but because they are extremely restricted due to costs.
Legal aid is government funded, which means the duty solicitor is only paid for police station representation, not to carry out further work at the investigative stage.
At PCD Solicitors, we can obtain disclosures from the police through our rapport with the officer managing our client’s case, which we then consider and discuss with our client.
We obtain as much evidence as possible from all parties involved, after which we can assess whether or not it is in our client’s best interests to provide the material to the police and/or the Crown Prosecution Service (CPS).
5. Preparing written representations and providing a defence
Where it is beneficial to a client, we will prepare written representations to submit to the police and/or the CPS. The purpose of representations is to persuade the CPS not to charge our client, resulting in a ‘no further action’ decision.
It is not always possible to do this in every case, as it is very important that care is taken when submitting information. If a client is charged, anything they have said or provided in writing to the police could later be used as evidence in court.
Therefore, in cases where the police may not be as forthcoming as in others, we must assess any potential harm that such representations could do to a client’s case.
At PCD Solicitors, we are pleased to say that there has never been a detriment to a client’s case from the representations we have prepared. This is, again, due to our knowledge and expertise in analysing cases and the law, and knowing which strategic moves to make.
As part of our preparation of written representations, we speak to potential defence witnesses and obtain character references, medical records, phone records, and social media data. We investigate the complaint as thoroughly as the police would, but to the benefit of our client, with the aim of refuting the allegations against them.
What happens after an NFA decision?
It can be a big relief to receive a no further action (NFA) letter, signifying that you are no longer under investigation and free to resume your everyday life as normal.
However, an NFA decision does not necessarily mean that you can simply forget about the matter. Even if the investigation was dropped, being arrested on suspicion of committing a criminal offence means you will still have a police record.
Non-conviction criminal record information can be flagged during enhanced DBS (Disclosure and Barring Service) checks when applying for jobs in certain sectors, and could affect your travel opportunities as well as employment options.
Removing an arrest from the police database
We offer an aftercare service through which we deal with the application to have your biometric data (e.g. fingerprints and DNA samples) and your record of arrest deleted from the police national computer (PNC), so they are no longer stored in national databases.
This can sometimes be a difficult process if the police refuse removal for any reason, as we would then face the appeal process, whereby we appeal the decision of the police on your behalf and have your application for removal reviewed.
Professional disciplinary proceedings
Unfortunately, despite a criminal investigation ending with no further action, a suspect may still find they are subject to professional disciplinary proceedings or that regulators may begin disciplinary proceedings against them.
The evidential threshold throughout disciplinary proceedings is much lower than that of the criminal evidential threshold. Therefore, a person should not presume that just because the police have taken no further action, their regulators will not, either.
Individuals should obtain specialist advice regarding the professional regulator’s code of conduct, ensuring continued representation throughout any such proceedings.
Next steps after no further action
No matter what the circumstances may be, being the subject of a criminal investigation is daunting. The best way to reach a positive outcome and secure a no further action letter is with the guidance of a specialist defence solicitor.
At PCD Solicitors, we have substantial experience and the extensive knowledge necessary to advise clients on a range of offences, helping to bring police investigations to an end without charges being brought against them.
If you would like to speak with one of our specialist lawyers, please contact us for a free, confidential, and professional yet friendly chat. We can assist you whether you have been released under investigation and want to secure an NFA letter, or if you have already received one but need help with applying for deletion of your police records.
Call PCD Solicitors on 0151 705 8488 or email an enquiry to info@pcdsolicitors.co.uk to find out how we can help you to avoid potential charges or prosecution.