Released Under Investigation vs Bail: What are the differences?

If you have been arrested and interviewed at a police station, the police must decide whether to charge you, take no further action, release you under investigation, or impose bail conditions upon your release.

If all lines of inquiry have been exhausted and there is insufficient evidence to support a charge, the police are required to take no further action and close the case against you. However, if further investigation is needed, such as obtaining phone evidence or securing CCTV footage, the police must decide whether to release you under investigation or place you on bail with conditions while they complete their inquiries. In cases where the police believe they have enough evidence to charge but require a decision from the CPS, they may release you from custody while awaiting the CPS’ charging determination. There are specified offences that only the CPS have authority to make a charging decision on. In these cases, the police must refer the matter to the CPS, rather than making the decision themselves.

If you are released under investigation, there are no conditions that you need to adhere to while the police investigate nor are you required to attend the police station at a set ‘bail to return’ date. If you are subject to bail, the police have a duty to conduct the investigation expeditiously and diligently to justify the continued imposition of restrictive conditions on your liberty.