Have you been ‘released under investigation’? What are the implications of this for your case?
Nick Titchener, director and solicitor advocate at Lawtons London Criminal Defence Law Firm, discusses the changes to police bail in the UK and what they mean.
You’ve been released under investigation or on bail by the police – what does it mean?
If you’ve been released on bail by the police, you’ll either have some conditions on your liberty or you’ll have a date to go back to the police station or to court. Where you’ve been released under investigation, you won’t have been given a court date and you won’t have been given a date to come back to the police station. You also won’t have any restrictions on what you can or can’t do, where you can and can’t go.
But how long can you be released under investigation for? Well, the simple answer is for as long as the investigation takes. Each case will have its own complexities and different issues that are involved. Unfortunately, there isn’t a situation whereby anyone’s released under investigation for a set period of time.
Our role as your lawyer is to be proactive, to try and get as much information from the police as is possible. Ultimately, our aim is to try and ensure that the investigation is conducted and over and done with as soon as it can be.
But what is the difference if you’ve been released on bail rather than under investigation? Well, with bail, you may have some conditions. They may be telling you that you can’t do things or that you have to do things. It will also give you a date when you’ve got to go back to the police station. The first time you’ve been released on bail to return to the police station, you can only be released for up to 28 days. After that 28-day period, the police have to renew your bail. After three months, the police don’t have the power to self-authorise the extension of your bail any longer. They have to apply to a court.
At each of these stages, as your lawyer, we can help you. We can make representations to the police and in due course to court about why bail with or without these conditions that you may be subject to isn’t appropriate and perhaps why it’s no longer necessary. Because whenever you are on police bail with conditions, if you fail to comply with them, you can be re-arrested.
So, you may be wondering, who makes the decision what happens to me or my case next? Often the decision is not made by the police. It’s made by the Crown Prosecution Service who are independent of them. You may well be lucky enough to have an officer involved in your case who’s conscientious and keeps you informed. Our experience is that this isn’t the case. Once again, as your lawyer, we will try and be as proactive as possible to get you as much information as we possibly can do.
If you’re on police bail or released under investigation, it’s really important to have a lawyer involved to protect your rights and your freedoms.
What does ‘released under investigation’ mean?
If you have been released under investigation by the police, it essentially means the investigation is ongoing and you will be notified ‘at some point’ of the outcome of the investigation.
Individuals suspected of committing a criminal offence are often released under investigation following an interview under caution, giving the police time to gather more evidence and speak to potential witnesses. You may be expected to return to the police station at some point for further questioning, but no specific return date or conditions are given for you to adhere to.
What are the time limits for being ‘released under investigation’?
If you have been released under investigation, it means that the police are continuing to investigate the allegations against you. There are no time limits the police will set for the investigation, meaning you could be waiting for weeks, months or even years before you get a conclusive outcome.
What is the difference between being released under investigation and released on bail?
Being released under investigation is not the same as being released on bail. When released under investigation, there is no requirement to return to the police station on a given date, and you aren’t subject to bail conditions such as curfews or restrictions on where you can go and who you can see.
However, you are still restricted. Inappropriate contact with witnesses or complainants could constitute criminal offences. Examples include perverting the course of justice or witness intimidation.
What are the three bail options according to UK law?
FoBefore the changes to police bail in 2017, there were three main options as to what may occur following a suspect’s arrest:
- The suspect would be charged or cautioned with an offence. If charged, they would be released to attend court on a specified date or remain in custody until they appear before the court.
- The suspect would be released, having been told that the investigation had been concluded and that there would be no further action, concluding the case.
- The suspect would be released on police bail, under what was known as s.47(3)b bail. With or without conditions, the suspect would be required to return to the police station at an appointed date and time. This date could be changed or extended, which could result in the case dragging on.
The third option was the most common, with police bailing the suspect while evidence was gathered, processed and considered. Because of this, those suspected of committing a criminal offence often found themselves on bail for extended periods, repeatedly given new bail to return dates.
However, since the Policing and Crime Act 2017 came into force, there have been strict time limits introduced around how long a suspect can remain on bail for, leading to an increase in voluntary police interviews and suspects now being released under investigation.
What is the 28-day pre-charge bail limit in the UK?
Since 2017, there has been statutory maximum police custody time limit – with the exception of certain cases – of up to 28 days. Unless the bail period has been lawfully extended, it is not possible to keep someone on bail after that period has elapsed without a more senior police officer authorising it.
At the end of those 28 days, the police must charge you or end your bail period. You can still be prosecuted at a later date, but you would no longer be on bail. Instead, you would be released under investigation (RUI’d). If you are to be prosecuted after being RUI’d, you will receive a Notice of Criminal Charge in the post, previously referred to as a Summons to Court of Postal Requisition.
What does it mean to be released without bail?
If a suspect is released without bail, they will have been given a notice which tells them information such as: ‘inappropriate contact with anyone linked to your case, either directly or indirectly, through a third party or social media, may constitute a criminal offence’.
The notice will mention serious criminal offences such as witness intimidation. It will also tell the recipient that they could face up to 5 years in prison or, if they commit the offence of perverting the course of justice, they could face a maximum sentence of life imprisonment.
What happens following a police investigation?
Once the investigation has ended, you will either be charged, or the case will be dropped with no further action (NFA). In the case of the latter, you will be provided with written notice from the police and will be dismissed from further lines of questioning.
If you’re charged with an offence, you may be released on bail or held in police custody until the first court hearing.
What to do if you have been released under investigation
Being released under investigation is stressful, leaving suspects in legal limbo and putting life on hold as they wait for updates from the police. In some cases, the police may not communicate with a suspect at all.
If you have been released under investigation, you must be aware of your rights and the prescribed procedures. This will ensure that effective communication takes place, and is key to determining:
- Who you can and cannot communicate with
- How to know when the case has been concluded
Being unaware of these critical factors puts you at greater risk of unwittingly committing a serious criminal offence.
How Lawtons can help
After being released under investigation, it’s important to fully understand your rights, next steps, and what might be required of you moving forward. At Lawtons, we have a specialist team of criminal defence solicitors who can help guide you through the process. We are well equipped to make the relevant enquiries on your behalf, address any concerns or questions you may have, and ensure you receive the necessary representation and support at every step.
If you or someone you know has been released under investigation, released on bail, or received a Notice of Criminal Charge, get in touch with our experts, and we’ll ensure you get the support you need.
FAQs about Police Bail
What does ‘released on bail’ mean?
Can I go on holiday while I’m released under investigation?
How many times can you be bailed?
Will being released under investigation show up on a DBS check?
