Released Under Investigation

Being investigated and interviewed under caution at a police station is a frightening thing to happen to anyone, especially if you are uncertain of the criminal justice system and your rights. After arrest the Police will often release a suspect “on bail” or released under investigation “RUI”. This can be a difficult time for a person under investigation. Often, they will have many questions unanswered and the anxiety of not knowing what will happen in the future have a detrimental effect on their well-being and mental health. Many struggle to move forward with their life and make plans for the future.

Our criminal defence solicitors can advise and represent you if you have been released on pre-charge bail or under investigation. By instructing Reeds LLP, you can be confident that you have an experienced team of solicitors on your side.

Our Private Client Team offer a specialised service for people under investigation and on bail that seeks to not only assist you with your case, but also help you understand the process and take charge of the situation. For example, we can:

• Review your case and provide a detailed opinion of the evidence
• Explain the procedure, potential outcomes and timeframes to you
• Assistance with amending or removing bail conditions
• Draft representations to investigating officers and prosecuting seeking to persuade them to drop the investigation against you, or
• Put forth any new evidence that you have found which may support the investigation against you being terminated.

We strongly believe in a proactive approach to dealing with investigations both in relation to our clients case and the evidence, but also their well being and support through the process.

Instructing an experienced criminal defence solicitor early in a case can positively influence the outcome of a police investigation. That can include avoiding a prosecution altogether or persuading the authorities to undertake an out of court disposal such as a community resolution or a caution.

Below is an outline of pre charge bail and being under investigation by the Police. However, if you require further information, please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at info@reeds.co.uk.

Why am I being released under investigation or on bail?

The police are required to present a case to the Crown Prosecution Service (CPS) which will decide if there is enough evidence to bring a prosecution and if doing so is in the public interest. This means officers must have time to investigate an alleged offence and assess if there is a strong enough case to send to the CPS. For example, in an assault case, the police may need to examine CCTV footage and gather witness statements. Allegations relating to indecent images are likely to involve the forensic examination of various computer hardware such as laptops and PCs. By releasing you under investigation the police can continue their enquiries and notify you of the outcome.

How long can you be under police investigation?

It is difficult to estimate the time a police investigation will take as a lot will depend on factors such as the amount of evidence that the police have to examine and the seriousness of the alleged offence. If the offence is a summary or either way offence that can be heard in the Magistrates’ Court the police investigation may be concluded in a few weeks or months. In cases involving serious offences, for example business crime and/or cross-border matters require months or even years of investigation.

Much also depends on police resources. It is no secret that the police struggle to keep on top of investigations due to budget cuts and staffing issues. It may be that your investigation has been set aside until there are resources available to manage it. Although you may be tempted to contact the police to find out the status of your investigation, this may not always be in your best interests. Talk to our criminal defence solicitors before taking any such action. If we believe it is the right thing to do in your case, we will contact the Police and enquire why the investigation is taking so long and seek to expedite the investigation.

What is the difference between being released under investigation and being released on bail?

If you are released on bail there will be conditions attached to you being able to leave the police station, for example, you may need to abide by a curfew and/or report to the police station several times a week/month. They can prohibit you from contacting complainants or witnesses. The maximum period the police can impose pre-charge bail is 28 days (bar some exceptions). Unless bail is lawfully extended, the police cannot demand you abide by any conditions after this time has elapsed.  Bail can be extended to three and six months by the Police. Magistrates can extend it to a full year on application by the Police. If your bail is extended, you have the right to object and make representations to oppose the extension. Our solicitors can help you make representations to prevent a bail extension.

Update – On 28 October 2022, the Police, Crime, Sentencing and Courts Act 2022 amendments to the pre-charge bail provisions in the Police and Criminal Evidence Act 1984 came into effect. It removed the presumption against pre-charge bail and police officers are now encouraged to use pre-charge bail where necessary and proportionate. Release under investigation should not only be used in circumstances where pre-charge bail is not necessary and proportionate.

Can the police seize my property?

The police can seize your property as part of their investigation. Once they no longer need the item/s they should be returned to you. Our criminal defence solicitors can contact the police on your behalf and ask when your property will be returned to you.

Can I contact a witness to explain my position if I am being released under investigation?

Witnesses can be contacted (as long as it is not in breach of bail conditions), however extreme caution should be exercised and we would recommend you seeking legal advice before doing so, it is often advisable not too. Your actions could also amount to intimidation of a witness or perverting the course of justice, offences that may lead to a prison sentence.

Can I leave the country if I am released under investigation?

As you have not been released under police bail with conditions not to leave the country, there is nothing to stop you from travelling abroad. However, it is important to fully cooperate with the police during the investigation and if you are absent from the country for an extended period the police may have trouble contacting you. You can instruct us to contact the police and let them know that if they require information from you to speak to us and we will ensure you make contact.

Can I get Legal Aid while I am under investigation?

Unfortunately, Legal Aid is not available while you are under investigation, only while at the Police Station being interviewed or if you are charged and brought to court.  Therefore, any assistance from a solicitor at this stage needs to be privately funded. Our Private Client Team is perfectly placed to assist you and we offer both hourly rate fees and fixed fee packages for representation.

If you would like to engage our team. Please email us confidentially on info@reeds.co.uk and provide us with a summary of your circumstances and we will contact you to offer our assistance.

How will I know when a police investigation ends?

The police will inform you of the outcome of the investigation. You will receive either:

• A Magistrates’ Court (also known as a postal requisition) summons, or
• Notification that no further action will be taken.

If you are summoned to the Magistrates’ Court you must contact us immediately so we can examine the case against you and provide expert advice and representation.

Concluding comments

We understand that being investigated by the police is a stressful time for you and your family. It is important to remember that it is by no means a foregone conclusion that you will be charged with a criminal offence. By instructing us to advise and represent you, you can be confident that we can take much of the worry off your shoulders and can ensure the police conduct the investigation within their legal boundaries and in accordance with the law.

If you have been released under investigation our criminal law solicitors can help. Please get in touch through our contact page here.