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What to do if…
you receive a notice that your case has been referred to a prosecutor and you are asked to respond

Short answer

Pause and get legal advice before you say anything substantive. Your safest immediate move is to confirm exactly what the notice is asking for, what the deadline is, and route any response through a solicitor.

Do not do these things

  • Don’t “explain your side” in a quick email/phone call to the police or prosecutor to make it go away.
  • Don’t guess what they mean by “respond” or “provide an account” — ask for the request to be stated clearly in writing.
  • Don’t share details with friends, family, employers, or on social media (even “anonymously”).
  • Don’t contact any complainant, witness, or anyone connected to the allegation.
  • Don’t delete messages, photos, call logs, location history, or social posts.

What to do now

  1. First: identify which UK legal system this is in.
    The steps differ depending on where you are:

    • England & Wales: police investigations commonly refer cases to the Crown Prosecution Service for a charging decision.
    • Scotland: prosecutions are handled by the Procurator Fiscal (COPFS).
    • Northern Ireland: prosecutions are handled by the Public Prosecution Service (PPS).
      If the notice doesn’t say, use the letterhead/case reference to work out which it is before you follow process-specific advice.

  2. Check the notice is genuine (without engaging on the substance).
    Use contact details from an official letterhead/portal you already trust (not just the number in a random email). If unsure, call the police station switchboard (or the official enquiry point for the prosecuting authority named) and ask to confirm the reference number and the sender.

  3. Write down exactly what they are asking you to do.
    In one short list: (a) who sent it, (b) what they want (a statement, documents, an interview, or “questions”), (c) the deadline, (d) the format (email/portal/post), (e) any reference numbers.

  4. Get a criminal defence solicitor involved immediately.
    If this relates to questioning (including a “voluntary interview”), do not attend or respond substantively without legal advice. If you are questioned at a police station, you can ask for free legal advice and for a solicitor before interview.

  5. If you must acknowledge receipt, send only a holding response.
    Keep it minimal: confirm receipt, ask for any unclear request to be clarified in writing, and say you are obtaining legal advice and will respond via your solicitor. Do not give your version of events.

  6. Preserve everything and start a private timeline for your solicitor.
    Save the notice, envelope, emails, and attachments. Write a private, dated timeline while it’s fresh (what happened, key dates/times, who contacted you, what was said). Keep it for your solicitor, not for sending.

  7. If they want documents, don’t “curate” them yourself.
    Make a list of what exists (messages, photos, receipts, relevant accounts) and let your solicitor advise what to provide and how. Don’t delete anything, and don’t alter originals.

What can wait

  • You do not need to decide “your whole defence” today.
  • You do not need to write a detailed statement right now.
  • You do not need to contact anyone connected to the case to “clear it up”.
  • You do not need to gather every possible document tonight — preserve what you have and list what exists.

Important reassurance

A referral to a prosecutor can feel like you’ve already been judged, but it commonly means a decision is being considered — not that an outcome is fixed. Getting legal advice before you respond is a normal safeguard, not an admission of anything.

Scope note

These are first steps only. What happens next depends on where in the UK you are, whether you are a suspect or a witness, what the notice is actually requesting, and any deadlines.

Important note

This is general information, not legal advice. Procedures vary across England & Wales, Scotland, and Northern Ireland, and by the stage of the case. If you are being asked for an interview, a statement, or you face a deadline, get advice from a criminal defence solicitor promptly.

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