What is Released Under Investigation?

6 December 2017

In relation to the offence for which you have been arrested, a review of your case has been conducted and it has been deemed that you shall be released from Police custody without bail. This effectively means that the police have further work to do on your matter before presenting your case to the Crown Prosecution Service (CPS) for a decision on how to conclude your matter.

When the investigation is complete, and a decision has been reached, you will be contacted by post to advise you of the outcome and any next steps.

It may also be necessary for you to undergo a further interview.   If this is deemed necessary, you may be arrested for that purpose or you may be invited to attend a voluntary interview if you agree to that course of action.

Am I still on Bail?

You may have heard that RUI is the new name for Bail but this is not the case as you are still able to be bailed. With bail you would be given a set date to return to a police station, when RUI’d that is not the case as the officers dealing with your case will need to do further work on the matter before issuing a decision.

Do I have any conditions to adhere to?

When you are released under investigation, unlike with bail you will not be given specific conditions to adhere to such as not to contact another party involved in the offence or not to attend a certain place.

However, you should still refrain from contacting other persons involved with your matter or actively attend places that they frequent as you may commit an offence if you do an act which intimidates or is intended to intimidate any person you know or believe to be assisting in the investigation of an offence intending to cause the investigation or the course of justice to be obstructed, perverted or interfered with, and you could be liable to a fine and/or imprisonment.

You may also commit an offence if you pursue a course of conduct which amounts to the harassment of another in which you know or ought to have known amounts to harassment of another, and you could be liable to six months imprisonment and/or a fine.

Should you commit any such offences whilst under investigation you will be re-arrested and brought back into Police custody.

Is there a limit to how long I can be Under Investigation?

In short, there is no limit to the amount of time you can be under investigation although whilst your Police Station file is with Gepp & Sons Solicitors LLP, we will continue to chase the Police Officers, and possibly the Crown Prosecution Service about your case whilst this is under review.  You will be notified if there are any decisions made in advance of you receiving any postal notices from the Police.

What is a Postal Requisition?

If you receive a postal requisition or charge, this is a new method of bringing an offender before the Court for Prosecution.  It means that you could be charged and required to attend Court by post without returning to a Police Station.  Therefore, if you have been in Police custody you may be charged by means of a postal charge if a decision is made to charge you.  If you have a change of address whilst investigations are ongoing you will need to notify the Police of the new address as if you are issued a postal requisition it will not be a liable excuse to say that you did not receive a summons to court for this reason and you will be committing a separate offence.

You will receive a postal charge or requisition on Form MG4D. This will state the offence for which you are charged.  If you fail to attend Court when required, a warrant will be issued for your arrest. If this happens, you may be held in custody until the next available Court date.

If you have any further queries in relation to being released under investigation or anything else relating to your Police Station Matter please contact one of our Criminal Defense Solicitors to arrange an appointment to discuss your matter on 01245 358894 or email here.

This is not legal advice; it is intended to provide information of general interest about current legal issues