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GUIDE • AFTER POLICE INTERVIEW

What Happens After a Police Interview Under Caution?

After interview, the case may end, remain under investigation, move to pre-charge bail, be referred for a charging decision or lead to further police enquiries. The period before charge is not simply dead time: it can be important for preserving evidence and deciding whether further defence work should be done.

SOLICITOR REVIEWEDReviewed by Paris Theodorou, Principal Solicitor at Theodorous • Christodoulos Ltd • SRA 809508 • Last reviewed 23 September 2026

THE SHORT ANSWER

The interview is often only one stage of the investigation

What happens next depends on the evidence, the type of offence, whether further enquiries are needed and who has authority to make the charging decision. You may be told that no further action will be taken, released while enquiries continue, placed on pre-charge bail, asked to attend again, or later charged.

1Interview endsYour account becomes part of the evidential picture and the police decide what further investigation is required.
2Further enquiriesPolice may obtain statements, CCTV, phone material, medical evidence, financial records, expert evidence or other material pointing towards or away from you.
3Release or decisionYou may be released on pre-charge bail, released under investigation, told the case is NFA, or kept within another lawful process depending on the circumstances.
4Charging decisionWhere appropriate, the file is assessed under the relevant charging framework and the likely defence must be considered as part of the evidential assessment.

PRE-CHARGE BAIL

Bail means the investigation is continuing under a statutory regime

Pre-charge bail can be imposed following arrest where the statutory requirements are met. It may be with or without conditions and must be necessary and proportionate. A person who attends voluntarily and has not been arrested cannot simply be placed on pre-charge bail. Check the release paperwork rather than assuming that every ongoing investigation follows the same procedure.

Keep the paperwork and every dateRecord the bail return date, conditions, any variation, extension notice and contact from the officer in the case. If a condition is causing a serious practical problem, legal advice may be needed on whether variation can properly be sought.
Read our pre-charge bail guidance →

RELEASED UNDER INVESTIGATION

RUI is not the same as no further action

The current statutory guidance describes RUI as release from custody without charge where the matter is not NFA and the person is not on bail. RUI does not carry bail conditions or a bail return date, but the investigation remains live. The guidance recognises the impact that an unresolved investigation can have and states that RUI cases should be managed and progressed with oversight.

No bail conditionsRUI itself does not impose the conditions that can accompany pre-charge bail.
Investigation continuesPolice may still gather evidence, contact witnesses, examine devices and later make or seek a charging decision.
No fixed bail return dateThat can make progress feel less visible, so keeping a chronology of contact and developments matters.
Released under investigation advice →

BEFORE THE DECISION

This is where pre-charge strategy can matter

If the interview has taken place and the case remains open, there may be a period in which relevant defence material can still be identified and presented before charge. That does not mean a letter should automatically be sent. The first task is to understand the allegation, the interview account, the evidence already known, what further enquiries are being pursued and whether there is objective material capable of affecting the charging assessment.

Preserve evidenceSave messages, video, photographs, documents, receipts, location records and other material before it is deleted, overwritten or becomes harder to obtain.
Identify witnessesRecord names and why a witness matters. Avoid coaching, pressuring or discussing the evidence in a way that could create another issue.
Assess representationsWhere appropriate, a solicitor can consider whether focused pre-charge representations or formal pre-charge engagement may help.

THE CHARGING DECISION

The decision-maker must assess the evidence, including the likely defence

Under the Code for Crown Prosecutors, a case that does not pass the evidential stage must not proceed under the Full Code Test. Prosecutors must consider what the defence case may be and how it is likely to affect the prospect of conviction. Outstanding reasonable lines of enquiry and other material capable of affecting evidential sufficiency can therefore matter before charge.

Not every case is decided in exactly the same wayResponsibility for charge depends on the offence and circumstances, and the Threshold Test can apply in defined situations. The important practical question is who currently holds the decision and whether relevant defence material can still be considered before it is finalised.

IF YOU ARE CHARGED

The strategy changes once proceedings begin

After charge, attention shifts to the court process, disclosure, bail, case preparation and the specific procedural route. A charge does not determine guilt. Get the charge sheet, bail notice or postal requisition details together and identify the first hearing date immediately.

WHAT TO DO NOW

Seven practical steps after interview

1. Keep every custody, interview, bail and release document.2. Write down the allegation, interview date, officer and police reference.3. Preserve relevant digital and documentary evidence without altering it.4. Record any bail conditions or next date exactly.5. Keep a chronology of police contact and requests.6. Do not contact complainants or witnesses contrary to bail conditions or in a way that could be viewed as interference.7. If there is material capable of affecting the case, obtain advice on whether and when it should be put forward.

SOURCES & REVIEW

Current official guidance

Reviewed 23 September 2026. This guide uses the Home Office pre-charge bail statutory guidance, the Code for Crown Prosecutors and the Attorney General's Guidelines on Disclosure. Rules and individual case circumstances can change, so current documents should be checked for the particular investigation.

INTERVIEW OVER. INVESTIGATION OPEN.Find out whether there is useful defence work to do before the charging decision.
Request a pre-charge case review