SRA-regulated London solicitors • Criminal legal aid & private instructions
NHS Continuing Healthcare? Visit Care Home Cost Claims →
Home / Criminal defence / Released under investigation

RUI • ONGOING INVESTIGATIONS • PRE-CHARGE

Released Under Investigation

Being released under investigation can leave a criminal allegation hanging over you for months. There may be no bail date and no fixed timetable, but the investigation is still active. Theodorous advises on protecting evidence, managing police contact and deciding when proactive representations are justified.

What does released under investigation mean?

Released under investigation, often abbreviated to RUI, means the police have released a suspect without imposing pre-charge bail while enquiries continue. The case has not ended. Police may still obtain statements, examine devices, review financial records, seek expert evidence or submit the file for a charging decision.

No bail date does not mean no risk.

The absence of conditions or a return date can make an investigation feel dormant. In practice, important evidence can disappear while a suspect waits. Early preservation and a documented defence chronology can become critical later.

What we can do during RUI

Preserve defence evidence

Identify messages, CCTV, banking records, work records, location evidence or witnesses before material is overwritten or forgotten.

Deal with the officer

We can seek updates, clarify outstanding enquiries and provide a professional channel for communication with the investigating team.

Review further interview risk

If police want another interview, we can reassess disclosure and advise on whether the interview strategy should change.

Consider pre-charge representations

Where the evidence and timing justify it, focused representations may address evidential weakness, public interest, alternative explanations or material the investigator has not considered.

Should I chase the police?

Repeated informal contact can be counterproductive. A better approach is usually a measured written request through the solicitor, asking for the status of the investigation and identifying any concrete reason why the matter requires review. Where delay is causing identifiable prejudice, that should be documented.

Can the police charge me while I am RUI?

Yes. A suspect can be charged later if the evidential and public-interest tests are met. The police may also take no further action or continue investigating. The absence of pre-charge bail does not prevent later prosecution.

Employment, DBS and professional regulation

An unresolved investigation may have consequences beyond the criminal case, particularly for regulated professionals, security-vetted roles, employers, safeguarding decisions and professional bodies. Whether disclosure is required depends on the particular rules that apply. We can coordinate the criminal position with any related regulatory or reputational risk.

When pre-charge representations make sense

Representations are not a box-ticking exercise. They are most useful where there is a clear point capable of affecting the decision: an important document, evidence undermining identification or intent, a legal issue, material showing an alternative explanation, or a public-interest factor that can be evidenced. Premature or unfocused submissions can simply reveal the defence without achieving anything.

Frequently asked questions

How long can I be released under investigation?

RUI does not operate with the same ordinary statutory bail timetable as pre-charge bail. The length of an investigation depends on the case, although investigators remain subject to legal and procedural duties and unreasonable delay can sometimes be challenged.

Can I travel while RUI?

RUI itself normally does not impose bail conditions, but individual circumstances vary. Check whether any separate order, immigration issue or court restriction applies before travelling.

Should I contact the complainant?

Take legal advice first. Contact that seems innocent to you may be interpreted differently by police, particularly in domestic, harassment, stalking or witness-related allegations.

Can you ask the police for NFA?

We can make focused representations where there is a proper evidential or public-interest basis, but the decision remains with investigators and prosecutors.

INVESTIGATION STILL OPEN?

Use the waiting period to protect the defence.

Tell us what the allegation is, when you were interviewed and what evidence may need preserving.

Request strategic advice