National File Standard Advice & Pre-Charge Defence

The National File Standard governs what investigators must provide when asking the Crown Prosecution Service to make a charging decision. It sits within the Director of Public Prosecutions’ Guidance on Charging (2020) and is intended to ensure that decisions are based on properly prepared, balanced case files.

In practice, the quality of that file often determines the outcome.

At Clifford Johnstons, we treat the National File Standard as a live framework; something to be tested, challenged, and, where necessary, used to expose weaknesses in an investigation before a charge is authorised.

Why the National File Standard matters

The earliest stage of a case is where the greatest influence can be exercised. By the time a file reaches the CPS, assumptions may already have hardened. Our focus is to intervene before that point.

We track the progress of an investigation closely: what enquiries have been carried out, what has been overlooked, and what still needs to be addressed before any lawful charging decision can be made.

The National File Standard requires investigators to present a balanced case. That includes:

• identifying material that supports the defence
• setting out the suspect’s account, whether given in interview or otherwise
• confirming that all reasonable lines of enquiry, both inculpatory and exculpatory, have been pursued

Those obligations are not optional. Where they are not met, the integrity of the charging process is compromised.

The consequence of getting it wrong

If a case file is incomplete or one-sided, the CPS cannot properly apply the Full Code Test. In those circumstances, a charging decision should not be made.

That creates opportunity.

Where the file falls short, we press the point – either to prevent a charge altogether or to force proper scrutiny of the evidence before any decision is taken.

What the National File Standard requires

A charging decision request must be submitted digitally and must present a clear, structured account of the case. It is not simply a summary of allegations. It is an evidential assessment.

The file must address:

• the suspect and their circumstances (including custody status, vulnerabilities, and background)
• the alleged offences and proposed charges
• the evidence relied upon, including strengths and weaknesses
• the defence case, including any explanation already given
• the lines of enquiry completed and. crucially, those that assist the defence
• outstanding evidence and its likely impact
• the position of victims and witnesses

It must also confront the key issue: whether there is a realistic prospect of conviction and whether a prosecution is in the public interest.

That requirement is often revealing. Once investigators are forced to articulate those points, weaknesses in the case tend to surface.

A critical pressure point: lines of enquiry

One of the most important aspects of the Standard is the obligation to pursue all reasonable lines of enquiry, including those that undermine the case.

We use this deliberately.

Through targeted pre-charge engagement, we ensure that relevant defence lines are raised early – making them harder for investigators to ignore and more difficult to exclude from the case file.

Where lines of enquiry are abandoned or avoided, we challenge the rationale.

Outstanding and developing evidence

Charging decisions are often sought before all evidence is available, particularly in relation to:

• digital material and communications data
• forensic evidence
• identification evidence
• medical evidence
• bad character material

The Standard requires investigators to explain what is missing, when it will be available, and whether it is likely to affect the decision to charge.

That assessment is frequently optimistic. We test it.

Victims, witnesses, and case dynamics

The file must also deal with witness reliability, engagement, and vulnerability. That includes whether individuals are reluctant, inconsistent, or require special measures.

These are not administrative details. They go directly to the strength of the case.

How Clifford Johnstons use the National File Standard

We do not wait for a completed file to arrive at the CPS. By then, the narrative is often fixed.

Instead, we shape it.

Our approach is to:

• identify gaps in the investigation early
• force consideration of defence evidence and alternative explanations
• highlight failures to pursue reasonable lines of enquiry
• challenge unsupported assumptions about the strength of the case

The objective is straightforward: ensure that any file submitted for a charging decision reflects the true position and not a one-sided version of it.

Charging decisions and the digital process

All charging requests are now submitted through the police/CPS digital interface. Unless the

Early intervention matters

The National File Standard is not just a procedural checklist. It is a pressure point.

Handled properly, it allows the defence to influence how a case is presented, how it is assessed, and ultimately whether it proceeds at all.

If you are under investigation, the time to act is before a charging decision is made. Contact Clifford Johnstons for a confidential discussion about how we can protect your position.