Following an arrest, there are several different outcomes for defendants. The most common are being released on bail or released under investigation (RUI). We find that clients struggle to understand the difference between the two, which can sometimes lead to breaches of bail conditions or even committing further offences.
In this guide, we’ll explain how each differs.
What is Police Bail?
Police bail is the temporary release of a suspect in a criminal investigation. An individual can be released on bail either before or after they’ve been charged, and the bail can be either unconditional or conditional. If it’s conditional, certain restrictions and conditions are put on defendants, such as not being able to contact a complainant or go to a certain location.
Learn more: Bail: What is it?
How long can you be on bail without being charged?
In the UK, individuals can be on bail for up to a maximum of 12 months without being charged, although this requires approval from the Magistrates Court.
The initial bail period lasts for 3 months. It was previously 28 days, but there was a change to the legislation on 28th October 2022 (Police, Crime, Sentencing and Courts Act 2022). It can be extended to 6 months and then, with authorisation by a Superintendent, to 9 months. If the police wish to extend bail further, it has to be done through the Magistrates’ Court.
Why would bail be extended?
Bail may be extended for several reasons. Most commonly, it’s either because the investigation is complex (for example, in cases involving financial fraud), there is new evidence that requires further investigation, or because the police are waiting for reports from experts.
An extension to bail is not necessarily a good or bad thing. It just means the police require more time to conduct their investigation and analyse evidence before making a charging decision.
What does Released Under Investigation mean?
Since provisions came into force under the Police and Crime Act 2017 there was a presumption against bail which led to a default decision of defendants being released under investigation (RUI).
However, following changes on 28th October 2022 this presumption has been abolished. The police must consider necessity and proportionality when deciding whether to bail or RUI.
If you are released under investigation, it means there is no requirement to return to a police station at a future date, nor are you subject to any bail conditions. Saying this, we advise all clients to avoid contacting any prosecution complainants and/or witnesses. Any interference can be considered to be witness intimidation or perverting the course of justice; both of which are imprisonable offences.
Should any further evidence come to light, you may be re-arrested or invited back to the police station voluntarily for a further interview. If you have children, social services may impose their own conditions regarding contact. However, this is completely separate from the police investigation.
Legal Expertise During Investigation
While you are released under investigation, we will keep in regular contact to ensure that they are making progress.
If the police have seized belongings we will do what we can to retrieve them.
We will update you whenever we hear back from the police, but if they contact you, you will need to inform us too. This way, we are all on the same page and if further proceedings or police interviews need to occur, we can make preparations.
Contact Our Specialists
Our criminal defence team can provide advice to defendants who were unrepresented in their interview or are unhappy with their current representation. Should you have any questions please do not hesitate to contact us on 0161 969 3131 or fill in the form below and we’ll be in touch.