How long can police keep you under investigation?

If you have been released under investigation (RUI), or you think that this may happen soon, it’s important you understand how the process works and what to expect. This will help you take the right steps to secure the best possible outcome.

In this article, we look specifically at how long police can keep you under investigation, what factors affect how long it takes, and what happens when the investigation closes.

 

How long can police keep you under investigation?

There is no time limit on how long the police can keep you under investigation for. Sometimes, it can take a matter of weeks. Sometimes, it can take many months – years even.

The length of time an investigation takes depends on factors like the ease of the availability of evidence and whether forensic analysis needs to be carried out. Cases involving forensic analysis can last 12 months or longer due to the complexity of the work and the backlog of evidence to wade through.

 

How long do police have to charge me?

The length of time the police have to charge you depends on the type of offence. The table below outlines the time limits for charging or beginning criminal proceedings for different offences:

Type of Offence	Definition	Time Limit
Summary.	Less serious crimes (e.g. minor assaults, driving without insurance) that are tried in Magistrates’ Court.	6 months.
Either-Way.	Crimes that could be tried in either Magistrates’ Court or Crown Court (e.g. ABH, theft).	No time limit.
Indictable-Only.	Serious offences that must be tried in Crown Court (e.g. Murder, rape).	No time limit.

 

What do police do during the investigation?

During the investigation, police will pursue several lines of enquiry to ensure they leave no stone unturned.

They will take action like:

• Seeking out witnesses and interviewing them.
• Procuring CCTV evidence.
• Seizing your property for forensic analysis (mobile phone, laptops, etc).

Some of the steps they need to take can take a long time to complete due to backlogs of work and pressure of juggling several cases, which is why RUI can take so long.

 

Do the police keep me updated on the progress of the investigation?

The police have no legal obligation to keep you updated on the progress of the investigation. You will likely only hear from them if they need more information from you or when they are informing you of the outcome of the investigation.

You can ask for updates yourself or through your solicitor, but you may not be given the information if they think it could jeopardise their case.

 

Will I have to return to the police station during the investigation?

Unlike pre-charge bail, you have no set date to return to the police station, but you may be asked to return for a voluntary interview under caution. You do not have to go, but if you don’t, the police may opt to arrest you instead.

If you are asked to return to the police station, please ensure you do not speak to them without speaking to your solicitor first, and without your solicitor present. This is to protect you from giving any self-incriminating responses that may harm your defence case.

What are the downsides of release under investigation?

The downsides of release under investigation are more prominent the longer the investigation goes on. Here are the main worries:

 

Difficult to move on with life

With pre-charge bail, there is a definitive time limit, so suspects know what to expect over the coming weeks and months. There is no time limit for how long you can be released under investigation, so you may find it difficult to commit to big life decisions, like moving, getting a new job, and expanding your family, as you don’t know what may happen to you when the investigation ends.

 

Mental health toll

Being under scrutiny for an extended period of time can cause major mental health problems for suspects and their families. The stress of the investigation can cause symptoms of depression, anxiety, and other mental health issues.

 

Public unease and backlash

Critics of RUI complain that releasing suspects without any conditions to follow puts the public at risk. This can make the public uneasy, and in turn, may paint the suspect as a target from angry members of the community.

 

Will I be told if the investigation is closed?

Suspects, victims, and witnesses should be informed when an investigation is formally closed. Sometimes this doesn’t happen, and you may find out indirectly when you enquire about the progress of the case.

 

What happens after the investigation ends?

There are several possible outcomes when an investigation ends. They include:

 

No further action

The case could be closed with no further action to take. This could be because the police are unable to find sufficient evidence to charge, they believe no offence has been committed, or they believe it is not in the public interest to prosecute. You will usually be formally notified that no further action will be taken, in the form of a no further action letter, phone call or email.

 

You will be charged with an offence

The police may formally charge you with the offence if they believe they have sufficient evidence and if they think it’s in the public interest to prosecute you. Once you are charged, you may be released on post-charge bail or held in custody until you have your first court hearing.

 

What should I do if I have been released under investigation?

If you find yourself released under investigation, it’s imperative that you seek legal representation as soon as possible. You may be able to initiate a process called pre-charge engagement which is where you work with your solicitor to present a case to police to prove why you should not be charged. The earlier you appoint a solicitor, the better.

The pre-charge solicitors at Holborn Adams specialise in closing cases with no further action to be taken. We have years of experience building pre-charge defence cases for a multitude of offences of varying severity and complexity. Please don’t waste any precious time – contact us today.

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