Released Under Investigation

Frequently Asked Questions

What does ‘released under investigation’ mean?

Being released under investigation (RUI) means that, while you are no longer in police custody, the investigation into your case is still ongoing.

This means that the police suspect you may have committed a criminal offence but currently cannot charge you as they don't have sufficient evidence.

Unlike pre-charge bail, there are no formal conditions attached but you could still be charged at any time. This period can be uncertain and lengthy, making expert legal advice essential.

Our expert criminal defence solicitors will monitor the progress of your case, engage with the police on your behalf, and work proactively to prevent charges where possible.

Is being released under investigation good or bad?

Being released under investigation (RUI) is not necessarily good or bad. It does mean you won’t be subject to bail conditions, and in some cases, the investigation may quietly conclude without charges.

However, the uncertainty can be stressful, as there is no set timeframe for a decision, and you could still face prosecution.

Our experienced solicitors will provide guidance throughout your case and work hard to prevent charges.

If you have been released under investigation, seeking expert legal advice early can significantly improve your chances of a favourable outcome.

Why have I been released under investigation?

If you have been released pending investigation, this will most likely be because the police need to make further enquiries regarding the investigation.

Before they can present the case to the Crown Prosecution Service, they have to fully investigate the matter and make sure all lines of enquiry have been explored.

Examples of cases where you may be released under investigation by the police include:

• In a theft from shop case, the police may need further time to seize CCTV footage and take witness statements from independent witnesses
• In a complex fraud matter, the police may need further time to interrogate electronic evidence such as laptops, hard-drives and mobile phone devices.
• In complex drugs matters, the police may need to send the drugs to an expert for analysis and interrogate mobile telephone devices that have been seized.

This is by no means exhaustive. The circumstances of your individual case will ultimately dictate whether you are released under investigation by the police.

I have been released under investigation, what does this mean?

Once you are ‘released under investigation’ you are not subject to police bail. At this stage there is no requirement for you to attend a police station again. There is no set time for a decision to be made.

The police have the following options:

• You may be required to attend again for interview.
• You might be charged or summonsed to attend court.
• No further action will be taken.

What happens when you are under investigation?

You will have been given a notice when released from the police station which sets out some further guidance on what it means to be released under investigation.  This information will include any conditions you will be subject to, 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 of witness intimidation (for which you could face up to 5 years in prison) or perverting the course of justice, (in which case you could face up to life imprisonment).

If contacted by the police, what should I do?

You should contact us immediately. You can call us 24 hours a day on 078 3657 7566 and speak to one of our specialist criminal defence solicitors. Please speak to one of our specialists before you agree to speak to the police. Remember, you have a right to free and independent legal advice.

How long do investigations take?

It is very difficult to provide a time limit for how long a police investigation will take. This will depend on the type of case and how complex the matter is. If you have any concerns, our solicitors are available 24 hours a day on 078 3657 7556 if you wish to speak to us.

In a routine or less serious case, you should expect to hear from the police within two to three months but in more complicated cases where the police need to obtain statements, forensic evidence, CCTV or expert reports to prosecute you, then this could take several months.

The time it takes to complete an investigation and how long you will therefore be released under investigation but not charged really depends on the scale of the alleged crime. In routine theft or assault cases it is likely that you will hear from the police quickly but in complicated credit card frauds or alleged drugs cases you may not hear back from the police for a long period.

Sometimes officers are assigned to more serious cases and less serious cases can be left by the police until time is found to chase matters up. It is not always in your interest to chase the officer for a result.

The police have seized my property; can I get this back?

Items that have been seized as part of the investigation should be returned to you if they no longer require them as part of this matter. We can help you to contact the police to make enquiries in this regard to get updates on the progress of your case and whether certain items can be returned or not.

What happens when the investigation ends?

The police will inform you of the outcome. You will either receive a postal requisition or a summons to attend the Magistrates’ Court or correspondence to say that no further action (NFA) will be taken in respect of the matter. As soon as you receive any notification, please contact us on 07836577566, we are available 24 hours a day.

I would like JD Spicer Zeb to represent me, however I had another solicitor for my initial interview. What can I do?

If you wish to change your legal representation or if you did not have legal representation at the first interview, you can instruct us to act for you. Please contact us on 0207 624 7771 to arrange an appointment to speak to one of our specialist released under investigation solicitors.

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

There is no restriction for you travelling abroad if you have been released under investigation. However, this means the police will not be able to contact you whilst you are away which may cause a problem if you are away for a long period.

We can make contact with the officer in the case and inform them to contact us directly as you will be out of the country for a short period. You can speak to one of our top criminal defence solicitors now by calling 078 3657 7556.

How long can police keep you under investigation?

Technically, you can be released under investigation but not charged for an indefinite period of time. This means that there are no time limits that you will be subject to.

In a routine or less serious case, you should expect to hear from the police within an average time of two to three months.

However, in more complicated cases, such as those involving forensic evidence, it could take months.

What is the difference between bail and released under investigation?

There is often some confusion regarding the differences between being released on pre-charge bail (often simply referred to as being released on bail) and being released under investigation.

If someone is released on pre-charge bail, the police will continue their investigation to gather more evidence before making a final charging decision. If you are released on bail, you may be subject to specific bail conditions.

The other main difference is the time limits involved in each situation. While there are no time limits in place when you are released under investigation, pre-charge bail can initially only last for three months. The police can then authorise extensions for up to nine months. Court approval will be required to extend pre-charge bail beyond this.

Does being released under investigation show up on a standard DBS check?

Being released under investigation for a criminal charge will not show on a standard DBS check. Pending cases and allegations will not be on your criminal record until a charging decision is made, whether that is a caution, conviction or reprimand.

Being arrested, released under investigation and not charged may show up on an enhanced DBS check, as it may fall under ‘all other information held’.

What changes were made to being released under investigation in 2022?

The process of being released under investigation was updated at the end of 2022 when Schedule 4 of the Crime, Sentencing and Courts Act 2022 came into effect. 

The changes focused on increasing the use of pre-charge bail, as opposed to being released under investigation in “every case where it is necessary and appropriate”.

This was in direct response to The Policing and Crime Act 2017, which brought about a presumption against using pre-charge bail unless it was necessary and proportionate. This meant that there was a sharp increase in the number of cases of release under investigation.

Contact our released under investigation lawyers today

If you have been released under investigation and are unsure what steps to take next, please do not hesitate to get in touch for a free initial consultation or urgent specialist advice.

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

• Brent & Camden London Office: 020 7624 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 as soon as possible.