Police investigations can turn your world upside down, leave you in a state of limbo and weigh heavily on your personal and professional life. However, understanding your rights and what comes next is imperative at this stage. Here’s what you need to know about how long police investigations take, what factors can affect their duration, and what happens next.
What does ‘released under investigation’ mean?
DEFINITION
Released Under Investigation (RUI)
This means the police are continuing to investigate an alleged criminal offence.
Unlike bail, being released under investigation imposes no specific conditions on you. There are no predetermined time limits for the investigation, leaving the duration uncertain. The police retain the ability to continue their inquiries without setting a formal deadline for concluding their examination of the case.
How long can you be under investigation by the police in the UK?
In the UK, there is no set time limit for how long police investigations take. They may contact you for a further interview and, in certain situations, may still have the authority to arrest you again. It’s important to note that the police can usually only hold you in initial custody for 24 hours before they will have to charge or release you, but this can be extended for more serious crimes.
The duration of an investigation can vary widely – some cases are resolved within weeks, while more serious or complex matters may take several months or even years. If forensic analysis of an electronic device is required, then investigations can often extend beyond a year. Although you might not be legally required to return to the police station, the investigation remains active.
What will the police do during the investigation?
While released under investigation, the police will continue to explore every line of enquiry. This may include:
- Seizing personal property, including electronic devices like phones or laptops for forensic analysis.
- Interviewing any witnesses.
- Retrieving and analysing any recorded footage, such as CCTV recordings.
Delays are also very common due to lengthy backlogs in processing electronic devices, which can extend the investigation timeline.
You can be released under investigation for any offence, regardless of its severity or your age, even if you are under 18. This means the case remains open while the police gather evidence and assess the situation.
Do the police keep you updated on the progress of the investigation?
There is no legal obligation for the police to keep you informed on the progress of the investigation, meaning you will likely only hear from them if you are called in for another interview or if you receive a Notice of Criminal Charge if you have been prosecuted. While a solicitor can help bridge the communication gap between you and the police, the police may still not provide any significant updates in case it jeopardises the case.
What happens if you’ve been released under investigation for over a year?
Depending on the case, it’s not uncommon to be released under investigation for over a year, as there is no set time limit for the police to adhere to. In these cases, the police are often still waiting for forensic results, analysing seized devices, or continuing to gather witness statements that could affect the outcome of the investigation.
During this time, the suspect under investigation is not subject to any bail conditions, nor are they required to return back to the station at any specific date or time. However, they are under strict guidance not to contact anyone linked to the case for risk of additional criminal charges such as witness intimidation. You may also find that any seized property is kept in possession of the police throughout the course of the open investigation.
If you’ve been released under investigation for over a year, a criminal defence solicitor can act on your behalf to chase for updates on the investigation where possible and ensure your rights are protected throughout.
Will you have to return to the police station during the investigation?
Unlike being released on bail, being released under investigation does not require you to return to the police station at a specific date or time. However, you may still be called in for additional questioning if new information is uncovered. In these cases, you will be invited for a voluntary interview. There is no legal obligation to attend the interview, but it’s important to note that, if you do refuse to attend, the police may place you under arrest instead, which could further harm your case.
How long can the police keep your phone if you’re under investigation?
Under Section 22 of the Police and Criminal Evidence Act 1984 (PACE), the police can keep your phone and any other personal property for as long as is “necessary” for the investigation. This can range from a few weeks up to years, depending on the complexity of the case. If the case goes to trial, your phone may be kept as an exhibit for court proceedings.
That said, if a photograph or forensic copy of the data on your phone is enough to continue the investigation, you can request a copy to be made and for your phone to be returned but the police will often refuse this request arguing that the source of the data (the phone) is required as part of the chain of evidence..
What happens next after being released under investigation?
Once the investigation has ended, you will face one of the following outcomes:
- Dismissed with No Further Action (NFA). In this case, you will be formally notified in writing from the police, and dismissed from further lines of questioning.
- Charged with an offence. If formally charged, you may be released on bail or held in police custody until the first court hearing.
What should I do if I’ve been released under investigation?
If you have been released under investigation, it’s important not to panic. Being under investigation does not automatically mean you will be charged with an offence. The most important step is to seek legal representation and understand your rights.
At Lawtons, we have a specialist team of criminal defence solicitors who can help guide you through the process – however long it takes. We can make any relevant enquiries on your behalf, address concerns you may have during the investigation, and ensure you received the necessary representation at every step.
If you or someone you know has been released under investigation and aren’t sure how long it will take, get in touch with our experts and we’ll make sure you get the support and advice you need.
We also offer Pre-Charge Representation which consists of specialist legal actions taken by solicitors between a police interview and a formal charging decision. Our specialist team can review your case, advise on the strongest course of action, and engage with investigators on your behalf while the prosecution is still weighing its evidence.
