What Is Police Bail, Pre-Charge Bail and Released Under Investigation (RUI)?
If you have been arrested, the police can hold you in custody for a limited amount of time. They may not have enough evidence to charge you with an offence. Still, they may need to ensure they can continue their investigation into your involvement in alleged criminal activity. If this is the case, they may choose to release you on pre-charge bail.
What is pre-charge bail?
If you have been apprehended by the police on suspicion of committing a criminal offence, they can detain you for a maximum of 24 hours (extendable to 36 or 96 hours for serious offences like murder). Within this timeframe, they must either formally charge you or release you. If suspicions against you persist and further investigation is required, the police may opt to release you on pre-charge bail.
In November 2022, under Schedule 4 of the Police, Crime, Sentencing and Courts Act 2022, the presumption against pre-charge bail was lifted following extensive public consultation. The police are now encouraged to use pre-charge bail whenever necessary and proportionate.
What is meant by necessary and proportionate?
Before pre-charge bail can be used, the Custody Officer in charge of your case must:
- Be satisfied that releasing the suspect on bail is necessary and proportionate in all the circumstances (having regard to any conditions of bail that would be imposed).
- Consider any representations made by the suspect or their legal representative.
The following factors will need to be carefully considered:
- Whether the police will be able to arrest you in the future if required.
- Whether you will re-offend if released without bail.
- Any danger to the complainant or potential witnesses.
- Whether you need safeguarding from harm.
- Any risks to the public.
The Investigating Officer assigned to your case will assist the Custody Officer in assessing whether pre-charge bail is necessary and proportionate.
In cases involving sexual abuse or domestic violence, pre-charge bail with conditions (see below) will almost always be imposed.
Can the police impose conditions on pre-charge bail?
Yes, typically, conditions are imposed. Common examples include stating you must make regular visits to the police station, not contact witnesses, and restrictions being placed on your ability to travel overseas. The police have a legal obligation to update complainants on any changes to pre-charge bail conditions. Additionally, when feasible, the police must consider the complainant’s views on these conditions, especially concerning matters that may impact the complainant’s safety.
How long is the pre-charge bail period?
Initially, pre-charge bail spans three months, extendable twice, each time by an additional three months. To exceed nine months, the police must seek approval from the Magistrates’ Court.
What happens if I breach my pre-charge bail conditions?
The police can arrest you if they believe you have breached your pre-charge bail conditions. Breaching pre-charge bail conditions is not of itself a criminal offence, but if you break the law in breaching your conditions, for example by intimidating a witness, you can be charged with a separate criminal offence.
What is the difference between pre-charge bail and released under investigation?
Being released under investigation (RUI) enables the police to continue probing your alleged connection to an offence. RUI also grants them the authority to seize your personal belongings, such as laptops, cars, or mobile phones, for investigative purposes.
A significant drawback of RUI is its absence of predefined time limits, unlike pre-charge bail. Complex cases, particularly those involving cross-border elements, may take months or even years to investigate. While you might be inclined to contact the police for updates on the investigation’s progress, this may not always be in your best interest.
Recognising the significant drawbacks for suspects and complainants (no conditions can be imposed with RUI), the Police, Crime, Sentencing and Courts Act 2022 amended the pre-charge bail provisions in the Police and Criminal Evidence Act 1984 (PACE). The amendments came into force in October 2022 and eliminated the presumption against pre-charge bail. The police are now encouraged to use pre-charge bail where necessary and proportionate rather than RUI which is likely to be phased out but can still be used if pre-charge bail is deemed unnecessary and disproportionate.
Wrapping up
If you have been arrested, it is essential that you contact an experienced Criminal Defence Solicitor immediately. Not only can they advise you and protect your interests at the police station, they can challenge any attempt to release you on police bail. The police must show that bail is necessary and proportionate before they can apply it because it can have a significant impact on your freedom.
Even though you may feel scared and intimidated, especially if you have never dealt with the police before, you have the right to legal representation and can challenge police decisions.
Get in Touch
Tanveer Qureshi specialises in general and serious crime. If you require legal representation or have serious crime related question, please contact me for free consultation or call me directly on 0203 637 2190.