Released under investigation (RUI) is a phrase used to describe instances when an individual is released from custody without charge, is not subject to no further action (NFA) and is not on bail. Where the pre-conditions for pre-charge bail are not met, the use of RUI can be considered. The process whereby a suspect is RUI is not specified in law.
How RUI's Are Dealt With.
The police must apply the Pre-Charge Statutory Guidance (March 2023) if an individual is investigated for criminal offences but has not yet been charged. An individual under investigation is dealt with by the police in one of three ways:
(i) released under investigation (RUI)
(ii) pre-charge bail without conditions
(iii) pre-charge bail with conditions
Following the in-custody investigation process, the investigator should liaise with the custody officer to determine the type of release (pre-charge bail or RUI). The custody officer will then decide whether to release the suspect under investigation. This decision forms part of the broader police custody procedures and must align with legal standards.
The use of RUI can have a significant impact on an individual’s life. Therefore, the guidance confirms that individuals subject to RUI are entitled to regular updates and timely resolution of the investigation, whether the case is dealt with by RUI or released on pre-charge bail. The decision between pre-charge bail versus RUI must be made carefully, taking into account the specific circumstances of the case and pre-charge conditions.
The RUI process must have regard to proportionality and necessity. Decisions to RUI should be fully justifiable and documented. Police must consider the need to protect victims and witnesses and to ensure the safety of the public. The threat, risk, and potential for future harm associated with the investigation must be proportionately managed, taking into consideration the safeguarding of all persons linked to the investigation. The police investigation process should be transparent and uphold the rights of all parties involved.
Pre-charge Bail.
Pre-charge bail is an alternative to custody – it allows officers and staff to continue the investigation without the suspect being detained. In deciding whether a suspect should be released on bail, the custody officer must:
(i) be satisfied that releasing the suspect on bail is necessary and proportionate in all the circumstances; and
(ii) consider any representations made by the suspect or their legal representative.
Unconditional bail provides a specific date and time on which the suspect must surrender to custody, as well as a power of arrest should they fail to do so. Unconditional bail gives specific timescales that the investigation has to adhere to.
Conditional bail allows officers to attach conditions to bail, which may help to protect victims or witnesses, preserve evidence, and mitigate the risk. However, it is often extremely disadvantageous for the individual being investigated. Therefore, it is imperative that you instruct a legal representative as soon as practicable to ensure the police are held to account, justify the conditions, act expeditiously, and conduct regular reviews.
Police Interview Rights
Police interview rights must be respected throughout the investigation, and decisions regarding police charging decisions should be made in a timely and transparent manner. A suspect’s bail conditions can be varied when requested by the suspect or their legal representative. Your solicitor will ask the police to demonstrate rigorous, transparent processes that closely align bail management to the developing investigative plan, to ensure your case does not drift. It is imperative that pre-charge bail is actively revisited and managed throughout the course of the investigative lifecycle to ensure an individual’s liberty is not unnecessarily curtailed.
Protect Your Future with Garrick Law
If you’ve been released under investigation, do not leave your future to chance. The consequences can be devastating. Contact our team at Garrick Law to get the advocacy and support to navigate these challenges.
With over 100 years of combined experience, our top-ranked solicitors and barristers create bespoke defence teams tailored to your needs. We collaborate with leading barristers and experts to secure the best outcomes.
We understand how criminal proceedings can profoundly impact your personal and professional reputation.
Representing high-profile individuals, professionals, and business owners, we treat every case with utmost priority, knowing that any conviction can have life-altering consequences.
Don’t leave your future to chance. Contact Garrick Law today.
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