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.
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.
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.
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.
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.
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.
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
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.