What is a 'No Further Action' Letter?

If you are released under investigation or released on pre-charge bail after being interviewed by the police, you will either receive a postal requisition or a summons to attend the Magistrates’ Court, or you will receive a ‘no further action’ (NFA) letter.

A no further action letter means that no further action will be taken by the police in relation to the crime you were being investigated for at this time. While receiving a no further action letter is preferable to a criminal conviction, there are still a number of additional factors that you will need to take into consideration.

Here, we discuss what a no further action letter actually is, how long it could take to get a no further action letter, why you may receive a no further action letter from the police in the UK and what the potential consequences could be.

What does no further action mean?

As mentioned above, a no further action letter acts as confirmation that the police will no longer be taking action against you in respect of the allegations you are facing and that they are no longer actively investigating the case.

No further action letters from the police in the UK also mean that you will not have to attend court to answer the charges against you.

If you have been remanded in custody while an investigation is ongoing, you will be released. If you were released under investigation, you will no longer be subject to any guidance set out by the police.

It should be noted that a decision to take no further action does not prevent the police from reopening an investigation at a later date if new evidence comes to light.

In some cases, the police may refer your case to the Crown Prosecution Service (CPS) to decide whether to move forward with charges. If the CPS decides there are not sufficient grounds to charge you, you may receive a no further action letter from the CPS instead.

How long does it take to get a no further action letter?

The time it takes to receive a no further action letter depends entirely on how long the police need to complete their investigation. There is no fixed timeframe, and you can be released under investigation for an indefinite period.

Several factors can affect how long the police take to reach a conclusion, including:

• The complexity of the case and surrounding evidence – Some evidence is harder to obtain or analyse. Investigations into offences such as financial crime often take much longer because of the volume and type of material involved.
• Whether a charging decision needs to be made by the CPS – Police can charge less serious cases themselves. If the case needs to be referred to the CPS, the decision process is usually longer.
• The type of offence – Summary offences are quicker to resolve. Either way, indictable-only offences often require more investigation and take significantly longer.
• The capacity of the police and/or CPS – Delays can occur simply because of limited resources, staff shortages or high caseloads.

What happens after a no further action decision?

Receiving a notification of a no further action letter can come as a relief, particularly if you are under investigation for a serious crime. However, you should be aware that a no further action letter does not necessarily mean that there aren’t further obstacles that need to be handled.

DBS Certificate

Standard DBS checks show cautions and convictions. Enhanced DBS checks can also include “other information,” which may cover non-conviction details linked to an investigation, even if the case ended with no further action.

This can be relevant if you apply for roles involving children or vulnerable adults, so the impact on future DBS checks should be considered.

Professional disciplinary hearings

If you are part of a regulated profession, you may still face disciplinary action after a no further action decision. Regulators apply a lower evidential threshold than the police, meaning they may proceed even where the police did not.

Your regulator’s code of conduct will apply, and specialist legal advice may be needed.

Biometric data

Fingerprints and DNA samples are usually taken during an arrest. Although a no further action decision often leads to deletion from the Police National Computer, fingerprints remain on IDENT1 and DNA on the National DNA Database.

A formal application is required to have these biometric records removed.

Is no further action a caution?

Cautions can be handed out to anyone for a minor crime. To receive a caution, an individual must admit to an offence and agree to accept the caution.

A no further action letter does not act in the same way as a caution. Cautions indicate that someone is guilty of an offence and also show on both standard and enhanced DBS checks.

Is no further action a conviction?

A no further action letter does not act as a conviction. It is confirmation that the police will not be pursuing an investigation any further and that you will not face any charges.

Can I retrieve seized property following a no further action letter?

If your property has been seized during a criminal investigation, you will be entitled to recover it from the police. This is so long as it is not an exhibit, or of an illegal nature.

The police may not necessarily inform you that your property can be collected, and there may be occasions where you run into difficulties while trying to retrieve certain items.

Our criminal solicitors have specialist expertise in supporting people to recover their property. We can assist you if you are experiencing difficulties following a no further action letter from the police in the UK.

Should I speak to a solicitor about no further action letters?

Facing a criminal investigation can be extremely daunting, and getting early legal advice is one of the most effective ways to improve your chances of achieving a positive outcome, including securing a no further action letter.

At JD Spicer Zeb, our specialist criminal defence solicitors have extensive experience across a wide range of offences. We can help present your case effectively and work to bring the investigation to an end before charges are made.

If you have already received a no further action letter, we can still assist, including making representations to the DBS about barred list issues and supporting you through any professional disciplinary proceedings.

With more than 45 years of specialist experience and Law Society accreditation in Criminal Litigation, our team is well equipped to provide strong representation and clear, supportive advice throughout your case.

Speak to our criminal lawyers today

If you have been released under investigation and need urgent specialist advice about no further action letters, immediate representation, or to speak to us confidentially about a potential criminal charge or prosecution, please do not hesitate to get in touch.

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

• Brent & Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

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 criminal defence proceedings

Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice for the allegations you may be facing.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.