When a person is arrested following an allegation, there are several possible outcomes. While some are charged immediately, it is very common for a person to leave the police station without a definitive charge on the day of the arrest.
The police have several ways to conclude an investigation:
- Charges or Summons: A formal requirement to answer for an offence in court.
- Cautions: A formal warning for those who admit to an offence.
- Penalty Notices: On-the-spot fines for minor disorder.
- Cannabis/Khat Warnings: Formal warnings for low-level possession.
- Released Under Investigation: A suspect is released with no conditions and no set date to return, while the police continue their enquiries indefinitely.
- Released on Police Bail: The suspect is released but has a bail to return date. This means they are legally required to return to the station at a specific time, often with conditions attached.
- No Further Action: The case is closed with no charges brought.
Under the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice, an arrest is only lawful if the police have reasonable grounds to suspect that an offence has been or is about to be committed, and they believe the arrest is necessary to ensure that the public is safe.
In most cases, the police must charge or release a suspect within 24 hours. This can be extended to 36 or 96 hours for serious crimes (with proper authorisation), and up to 14 days for terrorism-related offences. Once this limit expires, if a charge has not been brought, the suspect is released – usually under one of two statuses:
- Police Bail: This is a temporary release where the suspect is legally required to return to the station at a specific date and time. It often comes with conditions, such as surrendering a passport, adhering to a curfew, or a “no contact” order regarding witnesses. Breaching these conditions can lead to re-arrest and further charges.
- Released Under Investigation: This is a more flexible status where the suspect is released while enquiries continue. Unlike bail, there is no duty to return to the station on a set date and no restrictive conditions. However, because there are no statutory time limits for an RUI, a suspect may wait months or even years for a final decision.
As defence solicitors, we often become involved when representing a suspect at the police station as the duty solicitor. When a person is arrested, they have the right to legal representation. After representation at the police station, the police will provide an outcome to the suspect, and the solicitor will also be informed. In most cases, the solicitor will send an outcome letter to the suspect confirming the result of the interview, reminding them of any bail conditions, and noting the date they must return to the police station if they have been bailed.
During this period, the solicitor may liaise with the police regarding the bail conditions and the allegations being investigated.
Sometimes individuals choose to instruct a different firm rather than continue with the duty solicitor. This may be because they have not heard from their duty solicitor after their arrest or for other personal reasons. In these situations, people may seek advice and representation from another firm on a private basis.
Private representation usually involves a fixed or base fee, which typically includes advising the client, liaising with the investigating officer, and following up on the allegations during the pre-charge stage.
CONTACT OUR EXPERT CRIMINAL DEFENCE LAWYERS
Lewis Nedas Law frequently provides pre-charge advice and assistance. If you are interested in our services, you can contact us on 020 7387 2032 or alternatively complete our online enquiry form.