JD Spicer Zeb Solicitors Banner Image

Useful Information

  • Home
  • Useful Information
  • Crime/Fraud
Services
People
News and Events
Other
Blogs

Police Investigation Procedure in the UK

View profile for Sanjay Cholera
  • Posted
  • Author
  • Partner Crime Advocacy

There are many steps to the police investigation procedure in the UK. If you believe that you may be subject to an investigation, it is important to be aware of what to expect and what you will need to do.

We discuss the general police investigation procedure in the following article, as well as answering various other commonly asked questions we often hear from individuals who expect to be investigated by the police.

Please note that the following article is for informational purposes and should not be taken as legal advice. If you are concerned about being subject to a police investigation, please get in touch,  and our team can advise you.

What is the police investigation procedure in the UK?

The majority of police investigations in the UK are conducted by territorial police forces. Depending on the nature of the alleged crime being investigated, specialist police units and non-police law enforcement agencies may also be involved.

The basic investigation procedure is as follows:

The first step is that a crime must be suspected or there must be reasonable belief to suspect criminality. The more serious the offence, the more likely an initial assessment will be conducted. The police do not have the resources to investigate every minor crime.

When an investigation is launched,  the police (or other relevant agency) will begin by gathering all of the evidence related to the case.

If enough evidence has been gathered, the police believe they have identified a suspect or group of suspects, and the legal test set out in Section 24 of the Police and Criminal Evidence Act 1984 is met, the police can proceed to issue an arrest. Alternatively, if the police do not have enough to warrant an arrest, they could send out an invitation to a suspect to attend a voluntary interview under caution.

An Interview will usually take place at the police station. Following this interview, a decision will need to be made about this case, which will result in the suspect(s) being charged with an offence (usually a decision made by the Crown Prosecution Service in more serious cases), released on pre-charge bail or released under investigation.

Sometimes, the police can summon a suspect to court without an interview where the evidence is overwhelming.

If a suspect is released on pre-charge bail or under investigation, the investigation will continue, and they may be made to return to the police station for further questioning at a later date.

How do you check if the police are investigating you?

In most cases, you may not be aware that the police are investigating you until you are arrested or sent an invite to attend a voluntary interview under caution.

Do you have a right to know if you're being investigated?

No, you do not have a legal right to be informed if the police are investigating you for an alleged crime.

How long do police investigations take?

The time it takes for a police investigation to conclude can vary depending on the complexity of the case. However, there are certain time limits to be aware of.

Court proceedings

Court proceedings for summary-only offences (those which are heard in the Magistrates’ Court) must usually be issued within six months of the commission of the alleged offence. There is usually no time limit for court proceedings to be launched for indictable or either-way offences.

Police custody

There are limitations on the amount of time that the police can hold you in custody before a charging decision is made.

The general rule is that the police can only hold you for 24 hours. However, in some circumstances, this could be extended to 36 or 96 hours for a serious crime.

You could be held without charge for up to 14 days if you are arrested under the Terrorism Act.

Bail and released under investigation

There is a limit on how long you can be released on bail for. Pre-charge bail is initially set for three months, and the police can authorise extensions for up to nine months.

There is no time limit for how long you can be released under investigation for.

What happens after a police investigation in the UK?

What happens after a police investigation will entirely depend on the outcome of the case. The police could choose to close the case with no further action, in which case that will be the end of the matter.

However, if a decision has been made to prosecute, the police will send a postal requisition to your home address, which is a letter that requires you to attend Court at a specified time and date.

Are you facing a police investigation?

Being subject to a police investigation, no matter the circumstances is always likely to be an extremely daunting and distressing prospect. Having expert legal advice and representation on your side is absolutely essential.

At JD Spicer Zeb, our criminal defence solicitors have over 45 years of experience in representing individuals accused of a wide range of criminal offences. This experience, coupled with our extensive expertise and collective knowledge, means that we are perfectly positioned to support you if you are concerned about facing a police investigation.

From preparing you for a potential interview, representing you at the police station and advising you on your position after being released under investigation or on pre-charge bail, we will be able to support you with every aspect of a police investigation.

By building the strongest possible legal defence, we can work with you to have your charges dismissed while an investigation is ongoing or, if a criminal trial is launched, help you to achieve the best possible outcome.

We are highly skilled at handling and presenting the various types of evidence which are used during criminal investigations. Our experience ensures that we are able to identify any flaws in case presented against you, as well as highlight any contrasting evidence which supports your position.

We are accredited by the Law Society for Criminal Litigation, and our previous experience means that we are able to clearly demonstrate a strong track record of success that has led us to establish strong relationships with many of the country’s leading criminal defence barristers.

If you are facing a police investigation, we are here to provide you with the support you need.

Related matters:

Fees and funding

We are always open and honest when it comes to handling legal fees.

We can attend the police station with you under the legal aid scheme. Attendances at the police station are non-income tested. This scheme does not extend to meetings with you prior to and after the Police Station attendance at a separate meeting; however, you can pay for this service on a private basis.

If you need to attend court after a police investigation, you may be eligible for Legal Aid Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interest of justice basis.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.       

To find out more about the way we handle fees (both Legal Aid and private fees) please use the links provided below:

Contact our criminal defence lawyers today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide you with the urgent assistance you need.