I've been released under investigation or bailed, what happens now?
Updated: May 3
If you have been released under investigation it means that following your interview the police are continuing to investigate. Therefore, no decision has been made to either charge you or close your case. You are not subject to any conditions and you can just get on with life as normal.
There is no set time for the police to finish the investigation, you are left waiting what could be weeks, month or even years before you get an answer.
If you case is more serious then you may have been released after interview on bail. This means that the police will continue to investigate, but in the meantime, you must abide by the set bail conditions. Any breach of you bail conditions can get you arrested. The only beneficial aspect of being on bail is that you do have a set date to return to the police station, which will hopefully focus the mind of the officer in charge or your case to speed up the investigation, especially as you cannot be left on bail conditions endlessly. If the investigation takes too long it is likely your bail will be removed and instead you will be released under investigation.
However, and this is important, whether you are released under investigation or are on police bail, now is the time to take control of your case.
There is often little benefit in sitting back and waiting for the police to finish their investigation.
New rules allow you to join in the investigation, by sending evidence to the police that helps your case. You can also request that the police undertake investigation work that helps your defence. You can give the police details of witnesses they should speak to, or you can give details of digital data they should consider, or you can point the police to evidence or avenue of investigation that supports your defence.
The police are now actively encouraged to engage with the you or your solicitor after the interview, to pursue reasonable lines of enquiry that actually help you. So, this is your opportunity to be proactive and try and get the case closed. This engagement can dramatically decrease your chances of being charged, and therefore avoid you going to court.
I can help you if you are unsure how to deal with the police in this new pre charge engagement. I can engage with the police on your behalf. I can ensure we only make written representations and push for investigation into areas that genuinely promote your defence.
It’s your case, don’t just wait for the police to do their own investigation, get involved, take back control and push your defence forward to try and close the case.