“Released Under Investigation” – An Ominous And Uncertain Status For Thousands Across The UK

29 Mar 2021, 15 mins ago

As highlighted in our blog published on 22 March, the pandemic has left the woefully underfunded criminal justice system stretched even further, and over 45,000 cases remain in line to be heard. The impact of this has been that thousands of people have been “Released Under Investigation” (“RUI”).

Since the reforms carried out on the back of the Policing and Crime Act 2017, the Government has seen a fall in pre-charge bail but an increase in the number of individuals RUI. This surge in RUIs is now bringing distress and uncertainty to a growing number of individuals across the UK.

Not to be mistaken with being released on bail, being Released Under Investigation is where an individual remains under suspicion by the police and their case will be reviewed at some point in the future, but where there are no restrictions on that individual, such as a curfew or bail conditions. Those who are RUI retain the right to travel, although it is in their best interests to notify the police of any intention to do so.

The unsettling reality of being RUI is that there are no set timelines. Where bail cases have particular milestones which must be met, and which serve as regular prompts for action, RUI cases have no such prompts and as a result the cases sit at the bottom of a growing pile and are addressed only when resources allow. At present, resources are not allowing for much. Indeed there have been cases where, by the time the case is concluded, it is not feasible to prosecute the subject so the case is dropped.

This is a stress-inducing prospect for those with a potential criminal charge hanging over their heads yet with no timeline to emotionally or physically prepare for a potentially life-altering trial. The police also retain the right to keep the personal property of those RUI if that property is relevant to the investigation, and there is similarly no timeframe within which the police are under a duty to return it. Thus those personal possessions often face the same uncertain fate as do their owners.

This uncertainty can, however, be met with action. Legal representations can be made to prosecution lawyers at the CPS against charges in certain circumstances. These representations can demonstrate that either there is insufficient evidence to prosecute or that it is no longer in the public interest to bring charges against the suspect. A successful outcome can result in charges being dropped and RUI status being revoked. Alternatively, where a suspect has lost contact with their original lawyers and the officer who had conduct of their matter, new solicitors can make enquiries on their behalf to see what representations can be made or check the status of the investigation.

Gherson offer specialist and expert advice on RUIs and can help in the preparation of representations to be put before the CPS to try and avoid charges being laid. If successful, a person can be released from investigation, and if applicable, assistance can be provided to secure the return of personal property.

In the event that you require any further information on the above issues or would like to discuss your personal circumstances, please do not hesitate to contact us.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2021