Released Under Investigation: What Does the Future Hold for RUI?
In recent years, instead of being placed on pre-charge bail, increasing numbers of suspects have been released under investigation, or RUI. When it was first introduced, many thought that this new approach would make things much easier. But now that the legal world has had a chance to see how RUI works in practice, it is clear that changes are in order.
In this article, the experts from Holborn Adams will weigh in on RUI’s effectiveness, the problems it has caused, and how recent reforms are reshaping the future of the system.
The Rise of RUI
Implemented in 2017 under the Policing and Crime Act reforms, RUI was meant to accomplish two goals: reduce unnecessary use of bail and ease the strain on police resources. At the time, police argued that bail conditions were being imposed too freely, even in cases where suspects posed little risk. By creating a system of release without conditions, RUI was supposed to offer increased fairness while boosting efficiency.
But what actually happened was an unexpected surge in use. In the years since RUI’s adoption, it has become the default for many police forces, replacing bail and its safeguards with a system best described as “prolonged uncertainty.” Suspects may feel free because they have no bail conditions, but the truth is that they often remain under active investigation, sometimes for years.
Thanks to a comprehensive review process, the problems with RUI are now well documented. The UK government has broken these issues down into three main points. First, the lack of time limits means investigations can drag on endlessly. Second, the absence of judicial oversight leaves police with little accountability. Finally, the personal toll can often be worse than bail. With no clear boundaries in place, suspects often find it difficult to move on with their lives, all the while facing career disruptions and having to endure the psychological strain of waiting.
Reforms to RUI
The flaws in RUI have prompted calls for change, and policymakers, defence lawyers, and campaigners are now working on how to fix the system. In fact, as of the time of this writing, several key RUI reforms have already been legislated through the Police, Crime, Sentencing and Courts Act 2022. These include:
Time Limits
By imposing strict investigative timescales, such as three or six months, police will be required to either charge or close cases more promptly. This will prevent suspects from lingering in limbo for years.
More Oversight
Stronger judicial or managerial checks will help ensure that police investigations progress reasonably and efficiently, reducing the risk of neglect or delay.
Default to Pre-Charge Bail
Perhaps the most significant change has been the reintroduction of pre-charge bail as the default mechanism. Though it comes with restrictions, bail offers the clarity that RUI lacks. Moreover, those restrictions are enforceable, time-limited, and open to legal challenges.
The intention behind these changes is to reintroduce balance: reducing the unchecked uncertainty of RUI while still allowing police the time needed for complex investigations. For suspects, this means greater predictability, enforceable rights, and a clearer sense of next steps.
Legal Risks of a Post-RUI System
While reforms move forward, there are important things to consider. For example, under a transformed system, RUI will likely still exist to some degree. If so, post-RUI status legal risk will continue to be significant. Delays and uncertainty may not disappear overnight, and the stigma of being investigated will likely linger.
It is also important to realise that not everyone agrees on the pros and cons of bail vs. RUI. For some people, conditions like surrendering passports or being barred from certain places can disrupt careers and family life to a degree that RUI becomes preferable.
Another issue to consider is the lack of general knowledge about the bail and charging process. Without legal advice, suspects do not just feel confused about what comes next, but powerless to do anything to influence it. This often applies to both bail and RUI, because the suspects lack the tools and insight to see the difference.
How Pre-Charge Bail Factors into this Evolving System
Pre-charge bail is a legal mechanism that allows police to release a suspect from custody while an investigation continues, on the condition that they return to the station at a later date. As mentioned, unlike being released under investigation, bail can come with enforceable conditions such as curfews, travel restrictions, or prohibitions on contacting certain people. Inconvenient as the conditions may be, many suspects appreciate that there is a structure in place, including timeframes, review processes, and opportunities for legal challenge.
Clients often ask, “I’ve been released on bail. What happens next?” Typically, you will be given a date at which you will return to the station for the investigation to continue. In some cases, your bail may be extended. However, each extension requires greater authorisation, and your rights remain both clear and enforceable. With RUI, the answer to “what’s next” could be virtually anything.
The Value of Early Solicitor Intervention
The key to protecting your rights during the early stages of an investigation is proactive engagement. Pre-charge representation allows solicitors to shape the case before it reaches the CPS by submitting evidence that undermines allegations, challenging flawed assumptions, and drafting letters to argue against charges.
These same pre-charge strategies also safeguard mental health and reputation, especially for high-profile cases or high-net-worth individuals. The public and professional damage of being seen in a new 24-hour police custody scenario can be catastrophic. But with early intervention, lawyers can mitigate risks, control narratives, and even negotiate out-of-court resolutions.
In terms of the bail conditions, the benefits of having a precharge solicitor become even clearer. Providing they are experienced, they will be able to challenge disproportionate bail conditions and even push for unconditional bail. If the authorities feel the limits should remain, solicitors may be able to argue for variations that allow clients to travel for work or maintain family commitments. In this way, legal representation ensures that liberty is preserved as far as possible while the investigation continues.
The Future of RUI and Pre-Charge Practice
Looking ahead, the future of RUI in the UK seems to be changing quickly. Courts, prosecutors, and solicitors all seem to agree that the system needs less reliance on legal limbo and more emphasis on structured oversight. Time limits, managerial checks, and the statutory return of pre-charge bail are already replacing the free-for-all that dominated after 2017.
This is good news for suspects. It means more predictability, more accountability, and more opportunities for defence solicitors to intervene early. The shift also reflects growing recognition that released under investigation trends have been harmful both for individuals and for justice.
For proactive suspects, this evolving system creates opportunities. By engaging solicitors at the earliest stage, they can ensure their voice is heard before formal charges are made.
Why Holborn Adams is the Best Choice in the Post-RUI Era
RUI reforms promise a fairer system. But without expert legal intervention, suspects remain vulnerable to delays, restrictions, and reputational harm.
Holborn Adams stands apart as the firm best placed to guide clients in this new era. As pioneers of pre-charge engagement in the UK, our lawyers have a proven track record in influencing CPS decisions, protecting reputations, and securing outcomes that prevent cases from ever reaching court.
The message is simple: the law may be evolving, but only early, expert-led intervention ensures the best possible outcome.
