When the police arrest someone they will have a number of options at their disposal. If they believe that there is a case to be investigated, but they are not yet ready to make a charging decision, they will have a couple of options that allow them to keep the investigation active.
If an individual has been arrested and is under investigation, they may be Released Under Investigation (RUI) or on Pre-Charge Bail. This can be confusing for the individual concerned, who may not understand what it means for them and the restrictions it may place on their actions.
If an individual finds themselves released under these circumstances, it’s important to understand what it means and what rights the individual has. In this short article, we will explain what you need to know.
What is Released Under Investigation?
Release Under Investigation (RUI) is a process where an individual who has been arrested is released from custody while the police conduct further investigations. This means that the individual is not charged with a criminal offence, but the police are still investigating the case.
Under RUI, the individual is free to leave the police station, but they may be subject to conditions. These conditions can include restrictions on travel, curfews, and reporting to a police station at set times. If the individual breaches any of these conditions, they may find themselves arrested and taken back into custody.
What is Pre-Charge Bail?
Pre-Charge Bail is a form of bail that is granted when an individual is suspected of committing a criminal offence, but the police have not gathered enough evidence to charge them. Pre-Charge Bail may be granted when the police need more time to investigate the case.
Under Pre-Charge Bail, the individual is released from custody and is free to go about their daily business. However, they may also be subject to conditions that limit their travel or impose curfews. As with RUI, they may be required to visit a police station at particular times. Similarly, if the individual breaches these conditions they could find themselves re-arrested and taken back into custody.
What are the Differences Between RUI and Pre-Charge Bail?
The main difference between RUI and Pre-Charge Bail is that under RUI, the individual is not suspected of committing a criminal offence. Instead, the police are investigating the case to determine whether or not the individual should be charged.
Under Pre-Charge Bail, the individual is suspected of committing a criminal offence, but the police do not have enough evidence to charge them. This means that the individual is released from custody, but they may be subject to conditions.
It’s important to note that both RUI and Pre-Charge Bail can last for an extended period of time, which can be stressful for the individual concerned. In some cases, the police may take months or even years to complete their investigation. It’s also important to remember that being released under RUI or Pre-Charge Bail does not mean that you are guilty of a criminal offence. It simply means that the police are investigating a case and need more time to gather evidence.
What Happens After RUI or Pre-Charge Bail?
Following on from being released after RUI or Pre-Charge Bail there are a number of potential outcomes, depending on the results of the police investigations. If the police find enough evidence to charge the individual, they will be required to attend court. If the individual is found guilty, they will be sentenced accordingly.
If the police do not find enough evidence to charge the individual, the case will be closed, and the individual will be free to go without any further action.
Understanding Your Rights
If you have been arrested and then released under RUI or Pre-Charge bail you have a number of rights that are designed to protect you and to ensure you are treated fairly throughout the process.
Firstly, you have the right to know why you are being held and what the charges are against you. During the questioning and interviewing process, you have the right to have a solicitor present. You also retain the right to remain silent and not incriminate yourself.
If you have been released under RUI or Pre-Charge Bail, then our experienced team can provide confidential advice.
Contact Mandla Bhomra to find out more.