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If you've recently been arrested and interviewed under caution, the next steps can feel overwhelming. After an interview, the police have two main options if they wish to continue investigating: they can either release you on bail (with or without conditions) or release you under investigation.

If you have recently been interviewed by the police and released under investigation (RUI), you may be feeling anxious, confused, or unsure of what to do next. At Moeen & Co. Solicitors, we understand that this can be a stressful experience, and we are here to explain what it means, what happens during a police investigation, and how to protect yourself legally.

Table of Contents

What Does "Released Under Investigation" Mean?

If you have been released under investigation (RUI), it means the police suspect you may have committed a criminal offence, but they do not have enough evidence to charge you yet. Unlike being released on bail, there are no conditions to follow, and no set return date to the police station. It allows the police to continue their investigation while you remain free.

Key points about released under investigation (RUI):

  • No time limit is set for the investigation.
  • No bail conditions apply, meaning you can continue with your daily life.
  • Personal property, such as phones or laptops, may be temporarily retained for evidence purposes.
  • It applies to suspects of all ages and types of offences.

Essentially, being released under investigation (RUI) allows the police to continue their enquiries while giving you the freedom to go about your life, though uncertainty can make it stressful.

Does Being Released Under Investigation Mean There Is No Evidence?

No, being released under investigation (RUI) does not mean there is no evidence against you. It simply means the police suspect a crime may have been committed, but they do not yet have enough evidence to formally charge you. You are released from custody without charges, but the investigation is ongoing. The police may continue gathering evidence, and in some cases, you could be re-arrested if new information comes to light.

Released Under Investigation: What Happens Next?

Once you are released under investigation (RUI), the police can continue their enquiries for an indefinite period. They may contact you for additional interviews, and in some cases, you could be re-arrested if new evidence emerges. Because there is no set timeframe for an RUI investigation, it is difficult to predict how long the process will take, which can understandably feel stressful and uncertain.

Released Under Investigation: Is It Good or Bad?

Being released under investigation (RUI) can feel like a double-edged sword. On the one hand, it offers freedom because you are not subject to bail conditions. On the other hand, it can be stressful because there is no set timeframe, leaving you in uncertainty for weeks, months, or even years. Unlike traditional bail, you don't have to return to the police station on a fixed date, which allows you to continue your daily life, but this lack of deadlines means the investigation could drag on or be overlooked.

The Positive Aspects of Being Released Under Investigation

No Restrictions

While on RUI, you are not bound by curfews, residence requirements, or non-contact orders. You can go about your daily routine without the limitations that often come with bail.

Freedom to Travel and Live Normally

You are generally free to travel abroad or take a holiday, though it's wise to notify the police of your plans. This allows you to maintain your personal and professional life while the investigation continues.

The Challenges of Being Released Under Investigation

Indefinite Duration

Unlike bail, there is no set timeframe for an RUI investigation. Police are not required to review the case regularly, which means it could remain open for months or even years.

Limited updates

The police do not always inform you of progress or when the investigation has been concluded. This can create stress and uncertainty, not only for you but also for the alleged victim.

Risk of Case Neglect

Without regular bail review dates, RUI cases can sometimes be overlooked or delayed compared to cases under bail. This means progress may be slower, and the outcome uncertain.

How is Released Under Investigation (RUI) Different from Police Bail?

Police bail comes with specific conditions, such as a curfew, residence requirements, or non-contact orders, and usually has a set time limit. In contrast, being released under investigation has no conditions and no fixed timeframe. You may be contacted for further interviews, and investigations can continue indefinitely.

Here's how they differ:

Police Bail (Pre-Charge Bail):

  • Comes with conditions, such as curfews, residence restrictions, or non-contact orders.
  • The initial period is usually up to 3 months, with extensions possible up to 9 months or more via court approval.
  • Used when there are concerns about reoffending, interfering with witnesses, or failing to attend interviews.

Released Under Investigation (RUI):

  • No conditions to follow.
  • No set return date to the police.
  • Investigation can continue indefinitely.

Understanding these differences helps you navigate your rights and responsibilities while under investigation.

How Long Does a Released Under Investigation Case Last?

There is no fixed timeframe for a case where someone is released under investigation (RUI). Investigations can take weeks, months, or even years, especially if they involve complex enquiries like forensic analysis or multiple witness statements.

During this time, the police may contact you for further interviews, and in some situations, you could be rearrested. Unlike traditional bail, RUI has no set deadline, leaving individuals in a state of uncertainty until the investigation either results in charges or a formal closure of the case.

Being Released Under Investigation (RUI) for Three Years

Being released under investigation (RUI) for three years, while understandably worrying, is possible because there are no legal time limits in the UK for how long an investigation can continue. Complex cases, such as financial fraud or investigations requiring forensic analysis of electronic devices, can take months or even years to conclude.

Can I Travel While Released Under Investigation?

Yes. Since RUI does not impose conditions, you can travel abroad or go on holiday. However, it's advisable to inform the investigating officers of your travel plans in case they need to contact you or update you on the investigation.

Does Being Released Under Investigation Appear on a DBS Check?

Being RUI will not appear on a basic or standard DBS check. For enhanced DBS checks, it may appear under "other information," depending on factors like relevance to the role, proportionality, and how much time has passed since the investigation. Police often allow you to make representations if they plan to disclose the information.

What Happens During a Police Investigation?

During an RUI, the police will continue to gather evidence to decide whether charges should be brought. This may involve:

  • Seizing and analysing personal property such as phones, laptops, and other electronic devices.
  • Collecting witness statements and additional statements from complainants.
  • Reviewing CCTV or third-party evidence relevant to the alleged offence.
  • Coordinating with the Crown Prosecution Service (CPS) to review evidence and determine next steps.

Delays are common due to the complexity of cases, the forensic analysis of devices, and workload pressures on investigators.

What Happens After the Police Investigation?

Once the investigation concludes, there are two possible outcomes:

  • No Further Action (NFA): The police decide there is insufficient evidence to pursue charges.
  • Prosecution: If there is sufficient evidence, you will receive a formal court summons and be required to attend court.

The CPS plays a key role in reviewing evidence and deciding whether charges should be brought, and this process can also take time depending on the complexity of the case.

The Impact of the Police, Crime, Sentencing and Courts Act 2022

Changes to pre-charge bail came into effect on 28th October 2022:

  • There is no presumption for or against bail; decisions are made on a case-by-case basis.
  • Bail conditions must consider the alleged victim's views.
  • Initial bail periods can last up to 3 months, with extensions up to 9 months or more via court approval.

While this affects bail, RUI investigations remain unlimited in duration, meaning uncertainty for suspects continues.

Steps to Take When You're Released Under Investigation

Engaging a criminal defence solicitor as soon as possible is crucial. We can help you understand your rights, monitor the investigation, and liaise with the police if necessary.

Secondly, keep detailed records of all communication with the police, and save any evidence or information that might be relevant to the investigation.

Finally, even though there are no conditions, avoid anything that could be interpreted as interfering with evidence or witnesses. Do not contact the complainant directly, and remain careful about your actions while the investigation is ongoing.

How Moeen & Co. Solicitors Can Help

At Moeen & Co. Solicitors, we specialise in helping clients released under investigation. Our approach is proactive and client-focused:

  • We engage with police investigators early to protect your rights.
  • We explore all avenues for evidence and defence strategies.
  • We advise on pre-charge engagement and help minimise the risk of future charges.

Being proactive can make a significant difference in the outcome of your case, giving you peace of mind during an uncertain time.

Final Thoughts

Being released under investigation (RUI) can be stressful and confusing, but understanding your rights and acting early is crucial. Whether it's navigating police contact, managing travel, or preparing for possible prosecution, Moeen & Co. Solicitors are here to provide clear, professional guidance every step of the way.

If you or a loved one has been released under investigation, contact Moeen & Co. Solicitors at 0203 959 7755 for legal advice and support.

There are several ways to contact our solicitors based in Hayes, London:

We are located near Hayes and Harlington Station on Hayes High Street, in Hayes Town Centre. 

Legal Disclaimer

The information provided is for general informational purposes only and should not be taken as legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Moeen & Co. Solicitors before making any decisions based on the information provided on this website.

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