The Value of Continuous Representation (Pre-Charge and Post-Charge)
Facing an investigation for an offence of this nature can have a devastating impact on your reputation, career, and personal life. Our proactive approach provides critical benefits at every phase:
- Early Intervention (Pre-Charge): Preventing charges from being brought by the police or the Crown Prosecution Service (CPS) or achieving a swift resolution.
- Strategic Defence (Post-Charge): Providing robust representation throughout the court process to challenge evidence, protect your rights, and secure the most favourable outcome.
If you have been contacted by the police, invited to a voluntary interview, or have been charged with an offence, it is vital that you seek legal advice immediately. Our continuous legal support ensures you are protected from the outset of the investigation right through to the final resolution.
Steps We Can Take: Defence at Every Stage
We engage proactively and strategically on your behalf from the outset of the investigation and beyond.
- Pre-Charge Investigation: Making early representations to the police or CPS; gathering defence evidence; attending interviews under caution; challenging bail conditions; seeking out-of-court outcomes.
- Intrusive Measures: Scrutinising and challenging device seizures or the restraint of assets.
- Post-Charge & Trial: Providing advice on plea; meticulous review of prosecution evidence; instructing leading barristers; challenging evidence and disclosure obligations; preparing detailed sentencing mitigation.
Well-prepared written submissions are decisive at the pre-charge stage in preventing weak cases from proceeding. Should the case proceed, we instruct leading barristers, forensic experts, and investigators to test the strength of the prosecution's case throughout the entire court process.
The Legal and Regulatory Framework
Revenge porn offences are primarily governed by Section 33 of the Criminal Justice and Courts Act 2015, which criminalises the disclosure of private sexual photographs and films with the intent to cause distress. Related offences may include harassment, stalking, or malicious communications under the Protection from Harassment Act 1997, the Malicious Communications Act 1988 and the Online Safety Act 2023.
The decision to charge is made by the CPS, applying the Full Code Test (requiring evidential sufficiency and public interest justification). Throughout the entire process, your rights are protected by the legal framework, including the Police and Criminal Evidence Act 1984 ('PACE'), the Criminal Procedure and Investigations Act 1996 ('CPIA') (governing disclosure), and the Human Rights Act 1998.
How We Can Help
We provide immediate representation during every stage of a pre-charge investigation and throughout any subsequent court proceedings. Our solicitors work to intervene early, protect clients’ rights, and achieve outcomes designed to prevent unnecessary charges or secure the most favourable result in court.
We bring significant expertise in criminal defence, supported by close working relationships with leading professionals, to deliver tailored strategies to minimise disruption and protect reputations and futures.
Free Initial Discussion
If you are under investigation or have been charged with a revenge porn offence, it is essential that you seek legal advice at the earliest opportunity. Contact James O’Hara today by calling +44 204 600 9900 or email us at info@culbertellis.com.
We represent clients throughout England and Wales.
