Pre-Charge

Pre-charge covers the period during which Police are investigating a potential offence but have not yet decided to lay a charge, or have not yet done so. This can include being asked to attend a voluntary interview, being told you are a person of interest or a suspect, having a search warrant executed at your property, or simply becoming aware that you are under investigation.

Police will often ask a person to attend a voluntary interview before any charge is laid. It is important to understand that you are not obliged to attend, and you are not obliged to answer questions, even at this early stage. Speaking to a lawyer before deciding whether to participate can significantly affect the outcome of an investigation.

If Police execute a search warrant at your home or workplace, it is important to understand what they are entitled to do, what you are required to cooperate with, and what your rights are during the process. Property seized during a search can become key evidence, and how the search was conducted can itself sometimes be challenged.

Even before a charge is laid, you have the right to consult a lawyer, and you have the right to remain silent. These rights exist precisely because early missteps, including answering questions you believe are harmless, can go on to form part of the evidence used against you later.

By the time a charge is formally laid, much of the evidence in a case has often already been gathered, and key decisions, including what was said in an interview, have often already been made. Getting advice at the pre-charge stage, rather than waiting until after a charge is filed, gives you the best opportunity to protect your position from the very beginning.