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Bail to Return Vs Released under Investigation

View profile for Katie McCaughin
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Have you been released under investigation, and what does this mean?

On the 3rd April 2017 the Policing and Crime Act 2017 came into force, this means that police are now increasingly releasing people under investigation (RUI). This can often be for a number of months and in some complex cases more than a year.

Being released under investigations means that you do not need to attend the police station on a set date and are not subject to any bail conditions. This means you can travel aboard etc. It is possible that the police may want to re-interview you at a later date. However, apart from this there is no obligation to attend the police station again. 

 This can be an uncertain time where you can often be kept in the dark by the officer regarding progress.  This is why it is important to have a solicitor progressing your matter. We can contact the officer in the case for regular updates, monitor progress and keep you regularly updated.

What about my property?

 Items such as phones and laptops may be kept by the police while the matter remains under investigation. Property should only be kept if it is evidence that is relevant to the investigation. We can assist you in seeking the return of property falling outside this category.

What happens when a decision is made? (RUI matters)

If the police decide to charge you they will often send you a “Postal Charge Requisition”. This will give you a date and time to attend court. If you fail to attend, then a warrant can be issued for your arrest. It is important to notify the police or your solicitor if you move house. If you go on holiday or forget to check your post then you may miss your court date.

I have been given a bail to return date, when will a decision be made?

Bail to returns still exist, however, they are being used less frequently. They are often used for serious cases where bail conditions are necessary or for cases which can be resolved quickly. There is a 28 day limit for bail to returns, however, in limited circumstances the bail period can be extended for up to 3 months. After this the police would need to apply to the Magistrates Court for further extensions.  

Summary

Bail To Return:

  • Bail Conditions
  • Specific date to attend the police station
  • Can be re-bailed with a new date

Released under Investigation:

  • No bail conditions
  • Unlimited period of time
  • No date to attend the police station

How to contact us:-

If you did not have a solicitor at the initial interview or you have received a postal charge requisition then please feel free to email us enquiries@wainwrightcummins.co.uk

If you are arrested in the future ask the custody sergeant to call: "Wainwright & Cummins" on 0207 737 9339

 

 

Photo by Nik Shuliahin on Unsplash