Pre-charge bail and release under investigation (RUI)
After arrest the police may release a suspect on pre-charge bail, which can carry conditions and has time limits (usually an initial 3 months, extendable), or release them under investigation (RUI), which has no conditions and no fixed end date.
Pre-charge bail
Pre-charge bail (often called police bail) is release with a duty to return to the police station on a set date, and sometimes with conditions such as not contacting named people, living at an address or staying away from a place (Police and Criminal Evidence Act 1984 ss.37, 47). Since October 2022 there is no presumption against bail: the custody officer decides whether bail is necessary and proportionate, and police should seek the alleged victim's views on conditions. Breaching a condition is not itself an offence but can lead to arrest (s.46A). Failing to answer bail without reasonable cause is an offence (Bail Act 1976 s.6).
Time limits (ss.47ZA to 47ZM, as amended by the Police, Crime, Sentencing and Courts Act 2022): in most cases the initial bail period is 3 months, authorised by the custody officer. An inspector can extend it to 6 months and a superintendent to 9 months. In exceptionally complex cases an officer of commander or assistant chief constable rank can extend it to 12 months. Further extensions need a magistrates' court. Different periods apply in SFO, FCA, NCA and HMRC cases. The suspect or their solicitor must be told of a proposed extension and can make representations. Conditions can be varied by the custody officer on request, or by a magistrates' court.
Release under investigation (RUI)
RUI is release without bail. There are no conditions and no date to return, but the investigation continues and the police can re-arrest, invite to a further interview or charge (including by written charge and postal requisition) at any time. There is no statutory time limit on RUI and no court oversight.
Which is better?
Bail gives structure and time limits but can bring restrictive conditions. RUI brings freedom from conditions but uncertainty, sometimes for many months. A solicitor can press the police for updates, seek disclosure, make written representations that the case should not proceed, and challenge unnecessary or disproportionate bail conditions.
Ending the investigation
The investigation may end with no further action, an out-of-court disposal, or a referral to the CPS for a charging decision. If it is decided that the suspect will not be prosecuted, the police must give written notice, although a prosecution can still follow if significant new evidence emerges.
Authorities: Police and Criminal Evidence Act 1984 ss.34, 37, 46A, 47, 47ZA to 47ZM, 50A (as amended by Policing and Crime Act 2017 Part 4 and Police, Crime, Sentencing and Courts Act 2022 Part 2 and Sch.4); Bail Act 1976 ss.3, 6; Magistrates' Courts Act 1980 s.43B; Criminal Justice Act 2003 s.29; Home Office, Pre-charge bail: statutory guidance (2023)