What happens when you've been released under investigation

What happens when you’ve been released under investigation

Once you have been arrested and interviewed under caution , the police have a number of options.

They may place a suspect on bail, either conditionally or unconditionally. This means the suspect will be released from custody while imposing specific conditions that must be followed. Initially, police can only place you on bail for a period of three months. After this period, they must either make a decision regarding charges or apply to extend your bail.
The police can release the suspect under investigation which means that the police are still looking in to the alleged criminal offence. There are no specific time constraints that the police impose for the investigation, and there aren’t any conditions that you must adhere to, unlike when placed on bail. This is often colloquially referred to as being “RUI’d”.
They can release you with no further action (often referred to as nfa’d)
You could be charged, and initially, you’ll be sent to Magistrates’ Court

How long can you be released under investigation?

The police can carry on investigating the offence without any set time limit. They might reach out for additional interviews, and in certain situations, they retain the authority to re-arrest you. Predicting the duration of the investigation is challenging. While some cases wrap up within weeks, more serious or intricate matters may persist for several months. This is especially so in instances involving forensic scrutiny of electronic devices where investigations frequently extend beyond twelve months.

What are your rights if you’ve been released under investigation?

It’s important to be aware of your released under investigation rights. You are free to carry on with your life as normal when you’ve been rui’d as there are no restrictions on what you can do. However, you’ll receive a Notice with things which may cause them concern. This will include things like ‘Engaging with anyone associated with your case, whether directly, indirectly, via a third party, or through social media’. It will also outline severe criminal offences like witness intimidation, or the offence of perverting the course of justice, which could both result in prison sentences.

If you’re asked to come back in for an interview you have the right to have a solicitor with you. Therefore you should contact us and we can arrange to represent you (even if we didn’t represent you at the original point of arrest & interview).

Will being released under investigation show up on a DBS check?

If you’ve been released under investigation, it won’t appear on a basic or standard DBS Check. However, there’s a possibility it could be disclosed on an enhanced one. In this instance any relevant information can be disclosed in the ‘other information’ section, at the discretion of the police. Usually, the police will let you know that they are considering disclosing the information to give you the opportunity to make representations as to why the information should not be disclosed. However they don’t have to do this.

Can you go away on holiday if you’re RUI’d

If you’re planning a holiday it may be advisable to notify the arresting officer just in case they try to get a hold of you whilst you are away.

The problem with being released under investigation

Unlike bail, which sets a timeframe for investigations, being released under investigation means that the process could extend indefinitely. The duration of the investigation can vary widely based on factors such as case complexity and police priorities.

This indefinite waiting period is challenging for both suspects and alleged victims. It creates frustration and stress, as there is no clear timeline or set dates for police decisions. The uncertainty of when a decision will be reached can be extremely distressing, leaving individuals in limbo with no end in sight.

Without a specific timeline, suspects feel like their lives are on hold. They’re uncertain when the investigation will conclude, when their property will be returned, or if they can return to their family home. Concerns about potential publicity and the ability to apply for jobs add to the anxiety.

What happens after the investigation ends?

The police will either bring charges against you or they will inform you in writing that the investigation has concluded. If we are acting for you and you receive any communication from the police, please inform us as soon as possible.

If you’ve been released under investigation and need assistance with your case then get in contact and we can help. Either call us on 0208 692 2694 or complete the form below. There is also more information on your released under investigation rights on our dedicated RUI page.

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