Release Under Investigation

If you are released under investigation this signifies that the police believe they have reasonable grounds to suspect you for an  offence but currently lack sufficient evidence to charge you at that time. RUI provides the police with breathing room to gather further evidence, interview witnesses, and analyse forensic materials. It is not the same as being bailed.

At the time you are released the police should make it clear to you that you have been released under investigation and they will also make clear that you must not contact potential witnesses, tamper with any evidence or otherwise pervert the course of justice.

In English law, the types of crimes  where you may be released under investigation are quite broad, ranging from very serious offences to minor offences. If the offence involves vulnerable individuals  or domestic abuse, it is more likely that bail will apply.

Key Differences from Bail

Unlike being released on bail, there are no conditions attached. There are no time limits with a  Release Under Investigation and so you can remain under investigation for many months before you either get re-arrested and charged or are advised formally that no further action will be taken against you.

Still under investigation

While not formally charged, living under RUI can be a stressful and uncertain experience. Individuals may face stigma and anxiety, even though they haven't been proven guilty. It's crucial to understand their rights and responsibilities during this period.

Property seized

The police may have seized your property whilst you were arrested and unfortunately, even after you have been released under investigation you do not have the legal right to demand your property is released while the investigation is ongoing. This can apply to property such as mobile phones, computers or even bank accounts. Representations can be made to the police but there are no guarantees property will be released whilst an investigation is ongoing.

Good reasons to seek legal advice even after you have been Released Under Investigation

We often find that clients who have been released under investigation are concerned that it may appear suspicious if they instruct us after release but whilst still being investigated. In fact, it is often highly advisable to use the time whilst released to work with lawyers to potentially improve the chances of avoiding criminal charges.

We regularly advise and assist clients with :-

• Evidence that suggests you are innocent and/or which undermines the possible police case, either in the form of witness statements an alibi or forensic evidence.

• Making formal legal representations to the police or the Crown prosecution Service (CPS) that charges are not justifiable against you, including on public interest grounds (effectively that potential harm due prosecution would outweigh any public benefit in charging you – most often appropriate in financial crime cases).