Cunninghams Solicitors

What does ‘Released Under Investigation’ mean?

As leading criminal defence solicitors, we often speak to clients who have been released under investigation and we understand that this can be a confusing and distressing position to be in. Our clients often feel that they’re in limbo, and have a lot of questions about what ‘released under investigation’ actually means.

If you have been released under investigation and have any concerns or questions, a criminal defence solicitor can help. Cunninghams Solicitors are based in Manchester and London and are leading criminal defence solicitors with years of experience in working with clients released under investigation. If you need advice or expert legal representation, we are here to help. Cunningham’s initial advice is always free of charge. Contact us on 0800 051 2542 or enquire online.

In the meantime, we have put together a list of the most frequently asked questions by people who have been released under investigation, along with our answers and advice to help you understand your position in more detail.

What does it mean to be released under investigation?

Being released under investigation means that you are suspected of a criminal offence, but have not been charged yet. At this stage, your case may not have even been passed to the Crown Prosecution Service, who advise the police. However, an investigation into your alleged criminal activity is ongoing, which means the police are still suspicious that you have committed a criminal offence but do not have enough evidence to charge you.

Usually, people released under investigation have been interviewed by the police under caution, but there are not sufficient grounds to charge them. However, the police do not want to dismiss them as a suspect yet as they require more time to conduct investigations. When this is the case, the person is released under investigation, allowing them to leave the police station.

However, despite being released from the police station, it is common for people in this position to still feel ‘trapped’ and in limbo, as at this stage it isn’t known whether the police will eventually charge, or whether the case will be dropped.

How long will the investigation process take?

Unfortunately, when you are released under investigation, the investigation process has no maximum time limit, meaning you could be kept waiting for weeks, months or years before you discover the outcome.

Having a criminal defence solicitor on your side can help ease your concerns during this time. Experienced defence solicitors understand that this can be a tense, worrying time, and will do all they can to advise you on next steps, and answer any questions you may have while you wait to hear back on the outcome of the investigation.

If you choose to instruct Cunninghams as your criminal defence solicitors, we can remain in contact with the police, requesting regular updates on the progression of your case.

Can the police seize my personal property during the investigation?

Yes- while you are released under investigation, the evidence. This might include electrical devices, such as phones, laptops and tablets. It might also include documents, clothing, vehicles and equipment.

The police can keep your belongings for as long as they require them. We understand that this can be frustrating, especially if the police have seized an item that you require for work. For this reason, a criminal defence solicitor can request that the process is expedited, and keep in touch with the police to regularly ask for updates on the return of your property.

What is the difference between being released under investigation and released on bail?

In a nutshell, being released under investigation has no conditions attached to it, whereas being released on bail does. For example, if you’re released on bail, it means that you are permitted to leave custody but must abide by certain conditions, such as living at a certain address, being placed under a curfew, and avoiding contact with named people. You will also be told to return to the police station on a set date.

As of April 2017, bail can initially only last for a total of 28 days, before applications for an extension have to be made, and due to this time limit on bail, the police often prefer to release suspects under investigation instead. This is because a person who is released under investigation can remain a suspect under caution indefinitely, with no time limits.

When you are released under investigation, you won’t be given any conditions, and you do not have to report back to the police station at an agreed date and time. However, you should be weary of contacting anyone linked to your case as this could be deemed witness intimidation and/or perverting the course of justice.

Will I have to return to the police station?

You may have to return to the police station for further questioning if the police ask you to. If this happens, it is a very good idea to ask a criminal defence solicitor to attend with you. Your criminal defence solicitors can advise you which questions to answer and how to answer them, ensuring that you do not accidentally damage your case.

The other reason that you may be asked to return to the police station is that the police have decided to formally charge you. If so, you will be given a charge sheet and a date to attend court. When this happens, it means the investigation against you has concluded and the Crown Prosecution Service are bringing court proceedings against you. If you do not already have a criminal defence solicitor representing you, it is very important at this stage that you contact one as soon as possible. 

What happens when the investigation ends?

When the police conclude their investigation, there will be one of two outcomes:

• The case against you is dropped, meaning you are no longer under investigation
• The police formally charge you and pass your case to the Crown Prosecution Service

In the event that the case against you is dropped, the police will call you and tell you the good news that you are no longer under investigation.

An alternative to formally charging you in the police station is you receiving a postal requisition, which is a letter through the post detailing the crime/s you have been charged with, and giving you a date on which you must attend court.

In the event that you are asked to attend court, it is important that you do attend. However, it is vital that you don’t attend court without professional legal representation. You should contact a criminal defence solicitor as soon as you are charged and they will be able to support you in the next steps. 

How can a crime and fraud defence solicitor help?

At Cunninghams, we understand that being released under investigation can be a worrying time. It is important that you contact an experienced defence solicitor as soon as possible to help start building your defence just in case the investigation should progress to a charge.

Cunninghams are Criminal Defence Solicitors based in Manchester, with over 20 years experience in defending clients facing charges of serious crime and fraud. Our team of experienced conspiracy to commit crime solicitors have the expertise to help you build a strong case, and are here to support you at every stage.

It is never too early to seek expert legal advice if you are suspected of any type of crime. Cunningham’s initial advice is always free of charge. Contact us on 0800 051 2542 or enquire online.