Prior to these changes there were three main options as to what may happen following a persons’ arrest and questioning. These were:
- The Suspect would be released and no further action would be taken;
- The Suspect would be released on Police Bail; or
- The Suspect would be charged or cautioned with an offence.
The new changes implement strenuous time limits on how long a Suspect can remain on police bail for.
This is where a new fourth option comes into play – being released under investigation. Being released under investigation means that the police are able to sidestep the new time limits on bail as a Suspect will be released without charge with no obligation to return to the police station whilst the investigation continues.
A suspect who is released under this fourth option remains under investigation until all reasonable enquiries have been carried out. This creates a level of uncertainty as it’s hard to say how long a police investigation will take. However, at MK Law our dedicated police station department will endeavor to keep in touch with the officer in charge of your case for confirmation of what action (if any) will be taken in due course and will update you with any developments.
If the police do obtain further evidence this would give them the power to do the following:
- Re-Arrest you to enable them to further interview you or charge you.
- Re-arrange for you to return to the police station by appointment; or
- Serve you with a postal summons in order for you to attend court
If any of these three options occur, you should seek legal advice immediately.
It is vital that you receive the best advice possible and provide as much detail of the facts of your case as you can to ensure the right result for you.