If you have been arrested and then released without charge, the police will usually do one of two things. They will release you on police bail, or they will release you under investigation (often shortened to RUI). Both mean the investigation is still open, but they work very differently, and the difference affects what you can do and how long you may wait.
At Hi Solicitors, our criminal defence solicitors in Bolton regularly advise people who are on bail or released under investigation. This guide explains the difference between the two in England and Wales, and what to do while you wait.
What Is Police Bail?
Police bail, also called pre-charge bail, means you are released from the police station while the investigation continues. You are given a date to return to the police station, and you may have to follow conditions until then.
Since 28 October 2022, the police must decide whether bail is necessary and proportionate in your case. They consider factors such as the need to protect victims and witnesses and the risk of further offending.
How Long Can Police Bail Last?
Police bail has strict time limits, and each extension must be authorised by a more senior officer or a court:
| Stage | Maximum length | Who can authorise it |
| Initial bail period | 3 months | A custody officer |
| First extension | Up to 6 months in total | An inspector or above |
| Second extension | Up to 9 months in total | A superintendent or above |
| Beyond 9 months | Further extensions | A magistrates’ court only |
In cases investigated by certain agencies, such as the Serious Fraud Office or HMRC, the initial bail period is six months.
What Bail Conditions Can Be Imposed?
If conditions are needed, they must be linked to the risks in your case. Common examples include:
- No contact with named people, such as the complainant or witnesses
- Staying away from a particular address or area
- Living and sleeping at a specified address
- Surrendering your passport or not leaving the country
- Reporting to a police station at set times
The police must take into account the views of any alleged victim when setting or changing conditions meant to protect them.
What Happens If You Breach Bail Conditions?
Breaching a pre-charge bail condition is not a criminal offence in itself. However, the police can arrest you for it, and a breach is likely to count against you if bail is considered again later.
Failing to return to the police station on your bail date is different. Failing to surrender to bail without a reasonable excuse is a criminal offence under the Bail Act 1976.
Can You Change Your Bail Conditions?
Yes. You can ask the custody officer to vary your conditions, and if they refuse, you can apply to the magistrates’ court. A solicitor can make this application for you, for example if a condition stops you going to work or seeing your children.
What Does Released Under Investigation Mean?
Being released under investigation means you are free to leave the police station without bail. The investigation is still open, and you can still be charged later.
No Conditions and No Return Date
When you are released under investigation:
- You have no bail conditions to follow.
- You do not have a date to return to the police station.
- There is no statutory time limit on how long the investigation can last.
Why the Lack of a Time Limit Matters
The freedom of RUI can come at a cost. Because there are no time limits or review stages, investigations can drag on for many months, sometimes longer than a year. You may hear nothing from the police for long periods, which can be very stressful, especially if the allegation affects your job, family or immigration status.
Is There Any Limit at All?
For most offences, there is no deadline for the police to charge you. One exception is summary-only offences, which can only be tried in the magistrates’ court, such as common assault. A prosecution for these offences must normally be started within six months of the date of the alleged offence.
Police Bail vs Released Under Investigation: Side by Side
| Police bail | Released under investigation | |
| Return date | Yes | No |
| Conditions | Possible | None |
| Time limit | 3 months, extendable to 9 months, then only by a court | No statutory time limit |
| Reviews | Senior officer or court must approve each extension | No formal review stages |
| Breaching conditions | Not an offence, but you can be arrested | Not applicable |
| Failing to attend | An offence under the Bail Act 1976 | Not applicable |
| Can you still be charged? | Yes | Yes |
How Do the Police Decide Between Bail and RUI?
The custody officer decides how you are released. Since the 2022 reforms, bail is expected to be used where it is necessary and proportionate, for example where conditions are needed to protect a complainant or witnesses. Where no conditions are needed, the police are more likely to release you under investigation.
The police can also change their approach. For example, someone released under investigation may be invited back for a further interview or, in some circumstances, arrested again as the investigation develops.
How Does the Investigation End?
Whether you are on bail or released under investigation, the investigation will usually end in one of these ways:
- No further action (NFA). The police or the Crown Prosecution Service decide not to take the case further.
- A charge. You are charged at the police station, or you receive a written charge and a requisition to attend court by post.
- An out-of-court disposal. For some lower-level offences, you may be offered a caution or another out-of-court outcome instead of prosecution.
If you are charged, your case will start in the magistrates’ court. Our guide to what happens at a magistrates’ court hearing explains the first hearing.
What Should You Do While You Wait?
If You Are on Police Bail
- Keep to every condition and keep your bail notice somewhere safe.
- Attend on your bail date unless the police tell you in writing that it has been cancelled or changed.
- Ask a solicitor about varying conditions if they cause real problems for your work or family.
If You Have Been Released Under Investigation
- Make sure the police can contact you. If you move address or change your phone number, let the officer in the case know.
- Do not contact witnesses or the complainant about the allegation. Even without conditions, this could lead to further allegations.
- Keep a record of any letters, emails or calls from the police.
In Both Cases
Do not attend a further interview without legal advice. Free legal advice is available at the police station, whether you are arrested or attend voluntarily. To understand your rights if you are arrested again, see what to do if you’re arrested in the UK and how long police can detain you without charge.
How Hi Solicitors Can Help
Our criminal defence team can help whether you are on police bail or released under investigation. We can:
- explain what your bail or RUI status means for you
- apply to vary bail conditions that are causing problems
- contact the officer in the case for an update on the investigation
- prepare you for, and attend, any further interview
If you are asked back to the police station, our police station representation service is available 24 hours a day.
For confidential advice, call Hi Solicitors on 01204 371 414 or book a free initial consultation.
Frequently Asked Questions
Is being released under investigation better than bail?
Not necessarily. RUI has no conditions, which gives you more freedom. But it also has no time limit, so you may wait much longer for a decision.
Can the police put me on bail after releasing me under investigation?
It is possible. If the police arrest you again as the investigation develops, they can then decide to release you on bail, with conditions if they are necessary.
Do I have a criminal record if I am on bail or released under investigation?
Neither bail nor RUI is a conviction, and you have not been charged with any offence. However, your arrest will be recorded on police systems, and in some cases police information can be disclosed on an enhanced DBS check.
Will I be told if the police take no further action?
You should be told. If you have heard nothing for a long time, a solicitor can contact the officer in the case for an update on your behalf.
Can I travel abroad while released under investigation?
There are no conditions stopping you, but you should make sure the police can still contact you. If you are on bail, check your conditions first, as surrendering your passport or not leaving the country is a common condition.
