Legal issues
Pre-charge bail
- You must return to the police station on a set date unless told otherwise.
- Conditions can be imposed, and breaching them can lead to arrest.
- Extensions need senior police approval and, beyond nine months, a court order. You or your solicitor can make representations about extensions and conditions.
Released under investigation
- No conditions and no date to return.
- No statutory time limit, so updates can be slow.
- The police can still charge you, refer the case to the CPS, or arrest you again if new information arises.
The rules on pre-charge bail changed on 28 October 2022 under the Police, Crime, Sentencing and Courts Act 2022.
Evidence that matters
What the police are usually doing in this period
Common reasons for delay include downloading phones and computers, waiting for forensic results, taking further witness statements, obtaining financial records, and seeking advice from the CPS.
Reasonable lines of enquiry
Using the waiting time
- Preserve material that supports your account, without altering it.
- Identify reasonable lines of enquiry the police may not have followed, such as CCTV, messages or witnesses.
- Consider whether written representations before a charging decision are justified.
- On bail, ask whether conditions can be varied if they affect work or family life.
What happens next
How it ends
The investigation may end with no further action, an out-of-court disposal, or a charge. You should be told in writing. See the police investigation timeline.
Immediate steps
If you have just been released
- Keep the paperwork you were given and note any bail date and conditions.
- Do not contact complainants or witnesses, even if you are released under investigation.
- Take advice before contacting the officer yourself.
What should you send us?
Just tell us the date of your interview, the police force and whether you are on bail or released under investigation. We will ask for anything else later.