Crime news: pre-charge engagement scope changes and CWA reporting

Scope changes affecting pre-charge engagement work means there will be an additional reporting code to use in Controlled Work and Administration (CWA) from 1 October 2022.

What are the changes?

The changes allow providers to claim for preparatory work carried out before any agreement with the police and Crown Prosecution Service (CPS) for pre-charge engagement.

Main points to note are:

It applies when preparatory work takes place to determine if pre-charge engagement would benefit the client.

Claims may be submitted irrespective of whether there is subsequent agreement between parties to the investigation to do any pre-charge engagement work.

Before 1 October 2022 it is not possible to claim for work when the above applies. But from 1 October providers will be able to make a claim, even where there is no subsequent agreement.

Details of the criteria which needs to be satisfied to make a claim are set out in chapter 9 of the Standard Crime Contract 2022 specification .

What is pre-charge engagement?

The work involves voluntary meetings and correspondence with the police and CPS prosecutors after the first police interview under caution before any charges.

It is a voluntary process carried out in line with the Attorney General’s guidelines on disclosure.

Where can I find out more?

You can view the amended 2022 Standard Crime Contract specification on GOV.UK. Chapter 9 covers pre-charge engagement. See paragraphs 9.113-9.137.

Changes to supporting guidance will also be made on 1 October to coincide with the start of the Standard Crime Contract 2022. The Criminal Bills Assessment Manual will be updated, and CWA outcome code CN13 will be introduced for this new cohort of cases.

Providers should note that code CN13 is labelled ‘pre-charge engagement not agreed’.

Further information

Standard Crime Contract 2022 – see chapter 9 of the specification for amendments

Criminal Bills Assessment Manual – new version available from 1 October

Attorney General’s Guidelines on Disclosure 2020 – annex B, paragraph 10

CWA guidance – claim codes guidance will include new outcome code CN13 from 1 October

Government’s interim response to the criminal legal aid independent review – for the government’s position on the funding of pre-charge engagement