If you’ve been RELEASED UNDER INVESTIGATION then don’t delay – speak to us now and we’ll give you preliminary legal advice. This is a FREE service. We will explain the law, tell you your options and you can decide if you would like to instruct us to represent you. Phone us on 01162 555155 (24 hours a day) and speak with an expert criminal defence Solicitor today. If we can’t immediately speak to you, leave your details and we will call you back as soon as we can.
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Types of Cases We Deal With: 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.
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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 no obligation to return on bail to the police station for the offence for which you were questioned for. However, this means the investigation for this matter will continue.
There may be a need for an officer to speak to you again and you may even be arrested again. For certain matters, the police may contact you and make an appointment for you to go to the police station to have 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 the Magistrates’ Court or a letter to say that no further action (NFA) will be taken in respect of the matter.
The New Law – Policing and Crime Act 2017
On Monday 3rd April 2017, the Policing and Crime Act 2017 came into force. This Act brings changes to the way the Police will deal with you if you have been arrested and there is further investigation required.
The key changes in the Policing and Crime Act are:
- There is a presumption of release without bail unless the necessity and proportionality criteria are met;
- Where these criteria are met a maximum 28 day period of pre-charge bail can be granted by an Inspector;
- This period can be further extended to a period of three months by a Superintendent.
- An applicable bail period (ABP) will be set by the authorising officer and this is the window of time in which a custody officer may set and vary bail;
- The Applicable Bail Period can only be further extended by a Magistrates’ Court upon application by the police;
- There are longer time limits for cases designated as ‘exceptionally complex’ for example SFO investigations.
Frequently Asked Questions
Q: I have been released under investigation, what does this mean?
A: Your release from police custody is not subject to bail which means that at the present time there is no requirement to attend again at a police station. However, police enquiries and the investigation is still ongoing and it is possible that you may in be contacted by the police 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 in these circ*mstances, you will be given a Notice which tells you things which will be 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 and tell you that you could face “up to 5 years in prison” or perverting the course of justice, in which case 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 does take place and you know who you can speak with and who you cannot, so that you know when the case has been concluded. If you don’t know these things, 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 2555155 and speak to a top criminal defence solicitor from our firm. 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 assist you. Just ask for SAHOTA & SAHOTA SOLICITORS and the police will contact us.
Under no circ*mstances 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 in often shortens the time you spend with the police as we can question the police as to any delay in interviewing you.
Q: How long will the investigation take?
A: It is very difficult to say how long a police investigation will take. This will depend on the type of offence. We appreciate that this may worry you, and if you wish to speak to us at any time about your case, do not hesitate to get in touch. We can contact the officer in the case and make efforts to find out how long the police investigation will take.
Q: The police have seized my property, can I get this back?
A: If during the arrest and detention period you had items seized by the police, we are able to contact the police on your behalf in order to try have these returned. Usually, the police will leave a seizure note confirming what they have seized… sometimes they will not itemise everything so it is 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 of more offences, or alternatively write to you and formally notify you that the investigation has ended. Once again, in the event that there is any contact from the police, please notify us 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 wish to change representation, you can instruct us to act for you from hereon.
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 and answers (if any) put to you in interview;
- 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 assist 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 out of the country there is no restriction on this. However, should the Police wish to speak to you again you may not be available and this may 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 have been released under investigation. We strongly recommend you instruct a solicitor and let them communicate with the Police on your behalf; Sahota & Sahota Solicitors can do this for you for no charge. For further details, pick up the phone and speak to a Solicitor now on 01162555155.
Work outside of the police station is not covered by legal aid and depending on a variety of circ*mstances we may need to charge you for our excellent pre-charge services. We provide a varying service depending on 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 have always felt strongly about the impact on our clients when subject to lengthy periods on police bail or now lengthy periods of not knowing what is to happen. We strive to do everything we can to ensure early resolution of the police investigation.
Our top rated criminal defence solicitors and accredited representatives have received training in relation to the new provisions.We know what we need to do to ensure that your interests are protected during the investigation stage.
As one of the best criminal law firms, we are well equipped to make the enquires on your behalf and advise you on your rights and the law. You can speak to one of our top criminal defence solicitors now by calling 0116 2555 155 (24 hours).
What our clients say about us
- “Well where do I start, because of this solicitors I’m a free man. I was looking at sum serious jail time 4 a stupid mistake, but because of SAHOTA & SAHOTA I’m free. I can’t thank them enough and will recommend them 2 every1. Thank u SAHOTA & SAHOTA.”
- “These guys Really helped me out. Very friendly and understanding. Smooth sailing every step of way. Highly recommend!”
- “Top criminal lawyers. Mr Kally Sahota and his team were brilliant. They did everything they could and more (and saved me from prison!) Keep up the good work guys!!”
- “Sahota & Sahota are the best and most professional law firm I have seen, treated me like a member of their family, advised me and helped me through my problem. Kally and Simone are my first contact in any situation they never let you down. Five Star service Five Star law firm.”
