The first stages of a criminal investigation are governed by PACE Code C, which sets out the requirements for the detention and questioning of suspects. The Crime and Policing Bill 2025 has introduced expanded police powers, including the ability to enter premises without a warrant to search for electronically tracked stolen goods and conducting drug tests for a wider range of offences. Every individual has a fundamental right to free, independent legal advice at the police station, and early intervention is often the most decisive factor in the outcome of a case.

The role of the defence during an investigation is to ensure that law enforcement adheres to the Police and Criminal Evidence Act 1984 (PACE) and to secure early disclosure of the evidence against the client. Strategic advice at the pre-charge stage involves making representations to the police and CPS to highlight weaknesses in the evidence or public interest factors. Furthermore, the Sentencing Bill 2025 strengthens the 'no real prospect test', ensuring that more individuals are eligible for bail where there is no likelihood of an immediate custodial sentence. Immediate legal oversight is required to manage the impact of new 'respect orders' and manage responses to statutory notices during the investigation.