What does “released under investigation” mean?

Have you been arrested and been released under investigation? It is a very confusing time where you can continue to live your life as normal, but you still have potential criminal charges looming over your head. It’s important to be informed – so please read on.

This article discusses what released under investigation means, how long it can last, the differences between bail and release under investigation, whether it shows up on DBS checks, whether you can go on holiday, when you’ll get your possessions back, and what happens when the investigation formally ends.

 

What does “released under investigation” mean?

When you are “released under investigation” (also referred to as RUI), it means that you are suspected of committing a criminal offence, but the police cannot charge you yet as they don’t have sufficient evidence. The investigation will continue but they don’t have the grounds to keep you in custody anymore.

When you are released under investigation, there are no conditions to follow. You can try and live your life as normal, whilst cooperating with the police to keep the investigation progressing.

 

How long can I be released under investigation for?

There are no time restrictions on how long you be released under investigation for. This is one of the biggest criticisms of RUI as it can lead to the suspect existing in a period of limbo, unsure what the future holds for them. Where possible, police are now encouraged to release suspects on pre-charge bail which is time restricted.

 

What’s the difference between bail and RUI?

Here are the main differences between pre-charge bail and RUI:

Feature	Pre-Charge Bail	RUI
Time limit	Initially 28 days, extended up to 12 months maximum.	No time limit.
Conditions	May involve strict conditions for the suspect to abide by.	No conditions to follow.
Return to police station	Must return on a certain date.	No specified return date.
Investigation monitoring	Regular progress reviews.	Minimal reviews.
Use cases	Used in higher-risk cases.	Used in lower-risk cases.

 

Can you go from bail to RUI?

Yes, if you are on pre-charge bail, instead of extending the bail, you may be released under investigation instead. Any conditions you had to follow will be removed.

 

Does being released under investigation show on a DBS check?

If you are released under investigation, it won’t show on a basic DBS check. It may show on an enhanced DBS check under the “other information” section. This is at the police’s discretion.

Their choice to disclose or not disclose depends on factors like the relevance of the offence to the purpose the check is being carried out for and how much time has passed since your arrest.

If the police wish to include the information on the DBS check, they’ll let you know, and give you the chance to argue why they should not disclose your RUI circumstances.

 

Can I go on holiday while I’m released under investigation?

Yes – as there are no formal conditions for you to follow under RUI, you can travel on holiday. It is a good idea, however, to notify the investigators for your case that you are going to go on holiday so they are aware, and to demonstrate your cooperation with the investigation.

When will I get my personal possessions back from investigators?

This depends on what was seized, why, and the backlog the police are experiencing for evidence analysis.

Electronic devices like phones and computers need to be forensically analysed, and this can take time to complete, plus there is often a backlog of items from other cases. It’s hard to say exactly when you will have these returned.

Some items may be kept until the investigation is closed, even if they have already been analysed. This is because the police consider them important evidence for their case.

If an item is illegal or stolen, you will not get them back.

Your solicitor can make a case to the investigators to have your personal possessions returned before the investigation ends. They will look at whether it is proportionate and necessary for the police to keep them.

 

What happens once police end their investigation?

When the police end their investigation, they have two options:

• Drop the case with no further action.
• Charge you with an offence.

If you’re charged with an offence, you may be:

• Released on bail with/without conditions.
• Held in police custody until your first court hearing.

Within 24 hours of being formally charged, you’ll have a court hearing at the Magistrates’ Court where they’ll decide if bail or custody is more appropriate until you have to appear in court again.

 

What do I do if I’ve been released under investigation?

If you’ve been released under investigation, it is critical to seek legal help if you haven’t already done so. The period between your release and potentially being charged is incredibly important, as it’s a time where you can initiate pre-charge engagement. This is where you and your legal team put forward evidence to convince prosecutors that you should not be charged. Where this is not possible, instructing a legal team to build your defence case as soon as possible is incredibly important.

Legal experts at Holborn Adams are ready to take your call today. Please get in touch with our pre-charge solicitors as soon as possible.

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