When a person is arrested but not charged, the police may release them under investigation (‘RUI’). This means that although they are no longer in custody, they remain under investigation and may be re-interviewed or charged at a later stage. Being released under investigation often results in prolonged uncertainty, stress and reputational harm.
Our specialist team of private criminal defence solicitors provide expert representation for anyone released under investigation.
Defending Allegations While Under Investigation
Protecting your position when released under investigation requires proactive legal representation, often known as ‘pre-charge’ advice. This may involve monitoring the progress of the investigation, making timely representations to investigators or prosecutors, and challenging unreasonable delays. Where appropriate, written submissions can be made to the CPS seeking early confirmation that no further action will be taken.
Our specialist solicitors can also help mitigate reputational risks, protect professional standing and ensure that investigative measures such as device retention, account monitoring or disclosure requests are properly scrutinised and, where appropriate, challenged.
Legal and Regulatory Framework
The process of release under investigation is governed by the Police and Criminal Evidence Act 1984 (‘PACE’) and its associated Codes of Practice. Unlike bail, RUI generally imposes no time limits or conditions, though individuals may still be subject to police enquiries, searches or requests for further information.
The absence of statutory limits has led to significant criticism of RUI, with many investigations lasting months or even years before a decision is reached by the police or the Crown Prosecution Service (‘CPS’). During this period, individuals remain in legal limbo, facing the ongoing prospect of criminal charges.
There is no direct punishment attached to being released under investigation. However, the consequences can be severe. Reputational damage, restrictions on employment or travel and the prolonged anxiety of uncertainty often affect individuals and businesses during extended investigations.
The use of RUI has increased substantially since legislative reforms restricted the length of pre-charge bail. While intended to reduce unnecessary restrictions, the practical effect has been lengthy investigations without the safeguards previously available under bail conditions.
Those under investigation for complex offences such as fraud, money laundering or regulatory breaches may face years of uncertainty before a decision is reached.
Our solicitors play a vital role in keeping pressure on investigators, ensuring matters are progressed fairly and safeguarding the rights of clients.
How can we help?
We provide expert representation for clients released under investigation. Our solicitors monitor the progress of investigations, make strategic representations to investigators and prosecutors and act to reduce the likelihood of charges being pursued.
We have extensive experience in criminal and regulatory investigations. Working alongside leading barristers and other experts, we deliver proactive strategies tailored to minimise risk, protect reputations and achieve the best possible outcomes.
Free Initial Discussion
If you have been released under investigation, it is essential that you obtain expert legal advice immediately to protect your position. Contact James O’Hara today by calling +44 204 600 9900 or email us at info@culbertellis.com.
