Published - Nov 17, 2025
Foster and Coleman were instructed to represent a client arrested following allegations made by an ex-partner, including Rape, Actual Bodily Harm (ABH), Stalking, and Intentional Strangulation.
During the police interview, our client—on our advice—provided a full and transparent verbal account, categorically denying all allegations. They identified several clear lines of enquiry that directly contradicted the complainant’s account. In addition, our client voluntarily provided all passwords and PINs to their electronic devices to facilitate a comprehensive investigation.
Despite this cooperation and the significant inconsistencies highlighted during interview, officers indicated at its conclusion that they intended to seek charging advice from the Crown Prosecution Service (CPS). Strong representations were made on our client’s behalf that they should be released on bail pending further investigation, rather than charges being pursued solely on the basis of the complainant’s initial account. Although officers proceeded to submit the case for early advice, the reviewing lawyer ultimately agreed with our position, and the client was bailed pending further enquiries.
Over a year later, we have now been informed that the investigation has concluded and that no further action will be taken. This is unquestionably the correct decision. However, it is concerning that, at the outset, a less thorough reviewing lawyer could have authorised charges—an issue we see with increasing frequency. The emerging trend of 'charge first and investigate later' risks placing innocent individuals before the courts, often at significant personal and financial cost.
Foster and Coleman remain committed to robustly protecting the rights of those facing serious allegations and ensuring that investigative processes are conducted fairly and diligently.
Posted in Criminal Defence on Nov 17, 2025