Why It Is Crucial To Understand Pre-Charge Engagement With UK Prosecuting Authorities: Failure To Do So Can Impact Your Criminal Defence

Released Under Investigation (RUI) by Police

When someone is under investigation for a criminal offence but has not been charged, the police follow the Pre-Charge Statutory Guidance (March 2023). In such cases, the police have three options:

1. Release Under Investigation (RUI)

2. Pre-charge Bail Without Conditions

3. Pre-charge Bail With Conditions

After the investigation, the investigator consults with the custody officer to decide whether the individual should be released on pre-charge bail or under investigation (RUI). The custody officer makes the final release decision.

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What is Release Under Investigation (RUI)?

Released Under Investigation (RUI) applies when a person is released from police custody without charge, is not marked as no further action (NFA), and is not on bail. RUI is chosen when conditions for pre-charge bail are not met. It is not formally regulated by law, which can create some ambiguity.

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Impact and Rights of Those Released Under Investigation

Being released under investigation can greatly impact an individual’s life. According to guidelines, individuals on RUI have the right to regular updates and a timely resolution of the investigation, whether released under RUI or on pre-charge bail. The decision to place someone on RUI must be proportionate, necessary, fully justified, and well-documented.

The police must balance protecting victims and witnesses while ensuring public safety. Any threats, risks, or potential harm must be managed carefully, prioritising the well-being of everyone involved in the investigation.

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Pre-Charge Bail as an Alternative to Custody

Pre-charge bail allows investigations to continue without detaining the suspect. To release someone on bail, the custody officer must determine that it is necessary and proportionate, accounting for any representations from the suspect or their legal representative.

• Unconditional Bail: Requires the suspect to return to custody on a specified date, with a power of arrest if they do not comply. Unconditional bail includes investigation timelines that must be met.

• Conditional Bail: Imposes specific conditions to protect victims or witnesses, safeguard evidence, and reduce risks. Although conditional bail may restrict the individual, having legal representation can help ensure conditions are justified, reviewed regularly, and strictly followed by the police.

A legal representative can also request changes to bail conditions to prevent unwarranted restrictions. They ensure that bail management follows a rigorous, transparent process aligned with the investigative plan. Active management of pre-charge bail is required, helping to prevent unnecessary restrictions on the suspect's freedom.

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Require Legal Representation?

If you find yourself requiring legal support, we advise you to seek immediate legal advice from Sunpritha Juttla our Pre-Charge Engagement Specialist.

Our team of top-rated criminal, regulatory and family law solicitors and barristers have decades of experience in all types of cases. We maintain close professional relationships with many of the top barristers, experts and public relations firms nationally and internationally.

We are experts, here to provide advice, support and legal aid. Contact a member of our team today at +44 (0)203 196 7822 or email us at enquiries@garricklaw.com.