Released under investigation

If you’ve been released under investigation then don’t delay – speak to us now and we’ll give you free preliminary legal advice. We will explain the law, go through all your options and then you can decide if you would like to instruct us to represent you.

The types of cases we are experts in: conspiracy offences, murder, manslaughter, vat fraud, tax fraud, mtic fraud, money laundering, proceeds of crime and confiscation, assault, drug supply, being concerned in the supply of drugs, drugs importation, cultivation of cannabis, violent disorder, robbery, sexual offences such as sexual assault, indecent images, and rape.

What is released under investigation?

People suspected of a crime may now be ‘released under investigation’ instead of being given a bail date to return to the police station. This means you have been released from custody without charge and with no obligation to return on bail to the police station regarding the offence. However, this means the investigation into the offence will continue.

A police officer may need to speak to you again, and you could even be re-arrested. For certain matters, the police may contact you and make an appointment for you to go to the police station for another interview.

At the conclusion of the investigation, the police should notify you of the outcome. This may be that you will receive a postal requisition or a summons to attend magistrates’ court, or you may receive a letter to say that no further action (nfa) will be taken.

Frequently asked questions

Q: I have been released under investigation, what does this mean?

A: This means your release from police custody is not subject to bail, which means currently there is no requirement to attend a police station again. However, police enquiries and the investigation are still ongoing and it is possible that you may be contacted by the police in the future about this matter. In some instances, you may even be arrested again.

Q: If i am released under investigation, do i have any bail conditions?

A: If you have been released under investigation, you will be given a notice which gives you some information that you may find worrying, such as:

• “inappropriate contact with anyone linked to your case, either directly or indirectly, through a third party or social media, may constitute a criminal offence”.
• The notice will mention serious criminal offences of ‘witness intimidation’, telling you that you could face “up to 5 years in prison”, and ‘perverting the course of justice’, for which you could face up to “life imprisonment”.

It is vitally important that you are aware of your rights and the procedures so that effective communication takes place and you know who you can speak to and who you cannot, and so that you know when the case has been concluded. If you are unaware, you may end up committing a serious criminal offence.

Q: If contacted by the police, what should i do?

A: You should contact us immediately. You can call us 24 hours a day on 0116 255 5155 and speak to one of our top criminal defence solicitors. If you are arrested and taken to a police station you should ask the custody sergeant to contact us so that we can attend and help you. Just ask for sahota & sahota solicitors and the police will contact us.

Under no circumstances should you agree to speak to the police without having spoken to a solicitor first. It is your right to have free and independent legal advice. Having a solicitor assist you does not delay your case in any way. In fact, it often shortens the time you spend with the police, as we can ensure there are no delays in them interviewing you.

Q: how long will the investigation take?

A: It is very difficult to say how long a police investigation will take, as it will depend on the type of offence. We understand that this may be worrying for you, so if you would like to speak to us at any time about your case, do not hesitate to get in touch. We can contact the officer in charge of the case to try to get this information for you.

 Q: The police have seized my property; can i get this back?

A: If during your arrest and detention period you had items seized by the police, we can contact them on your behalf to try to have them returned to you. Usually, the police will leave a seizure note confirming what they have seized. However, sometimes they will not itemise everything so it’s very important to note down as soon as you can what items appear to have been taken.

Q: What happens when the investigation ends?

A: The police will either charge you with one or more offences, or write to you and formally notify you that the investigation has ended. Once again, when you are contacted by the police, please let us know as soon as possible.

Q: I didn’t use you for my initial interview, what can i do now?

A: If you did not have legal representation when you were interviewed, or you were represented by another solicitor and would like us to represent you from now on, you can instruct us to act for you. We offer a free initial no-obligation consultation either by telephone, skype/facetime or face-to-face. If instructed we can:

• Obtain your interview discs;
• Prepare a transcript of the questions put to you in interview and answers (if any);
• Obtain and consider your file of papers from any solicitors you had at the police station;
• Obtain and consider your custody record to ensure there are no procedural irregularities;
• Prepare a written advice on action required by yourself and ourselves;
• Make contact with the officer in charge (oic) to obtain an update and discuss progress with the investigation;
• Consider and facilitate the return of any property that has been seized from you;
• Take witness statements from any witnesses that may help your case.

Q: Can i travel abroad if i have been released under investigation?

A: The short answer is yes. If you wish to travel outside the country there is no restriction on this. However, if the police wish to speak to you again, you may not be available and this could delay matters for you.

Also, if you are abroad for a long period, you may not receive the postal requisition or summons if court proceedings are initiated against you. If this happens, you could be arrested at the airport on your return. This can be avoided by simply letting the police know that you intend to leave the country while you are released under investigation.

Work outside of the police station is not covered by legal aid, and depending on a variety of circumstances we may need to charge you for our pre-charge services. We provide an excellent range of services, tailored to your needs and requirements. Often, pre-charge work will result in no further action being taken, reducing your stress, anxiety, and costs in the event you are charged to attend court.

We know the huge impact that lengthy periods of police bail can have on our clients, when they are left to worry about what is going to happen. That is why we strive to do everything we can to ensure an early resolution to police investigations.

Our top-rated criminal defence solicitors and accredited representatives are well trained in all aspects of any new provisions. We have the right skills and knowledge to ensure that the interests of our clients are protected at each stage of the police investigation.

As one of the best criminal law firms around, we are well equipped to make enquiries on your behalf and advise you on your rights and the law. You can speak to one of our top criminal defence solicitors right now by calling 0116 255 5155 (24 hours).