If you have been arrested and questioned in relation to an alleged sexual offence, it is highly likely that you will then be given bail. Occasionally you can be remanded into custody but the offence which is alleged against you will need to be of the upmost seriousness for that to happen.
There is a presumption in favour of bail.
The police can bail you for three sets of three months at a time.
By way of example if you are bailed on the 15th March in any particular year, your maximum bail period that the police can bail you to would be the 15th June. If the police have not concluded their enquiries by that time they can extend bail to a maximum of the 15th September and that latterly, to a maximum of the 15th December.
If by chance their enquiries have not concluded by that time they can ask a Magistrates Court to extend bail yet further.
An alternative is that they “release you under investigation”.
If you have been interviewed voluntarily ie not arrested, then you will automatically be released under investigation.
If the police believe that you have been compliant with any bail conditions that you have had up to the time of an extension, they may RUI you.
Magistrates Court sometimes refuse a police extension of bail.
You can make representations at every bail extension period to say that you should be RUI.
Sometimes, police impose draconian or onerous bail conditions which make life difficult for example getting to work.
If that is the case we can sometimes appeal to the police’s better nature and ask for a variation of the bail conditions and in default of that, we can make an application to the Magistrates Court for a variation although, please note, there needs to be good grounds for you to do that.
RUI means that the investigation continues in the background but you are not subject to bail conditions.
Investigations can be long lasting. There is no restriction on the amount of time that a person can be RUI. In effect there is no restriction on the amount of time that a person can be on bail, other than those mentioned above.
Any conditions of bail that you are subjected to would be removed if you are subsequently RUI.
For example if the police have taken your passport, they would need to return it.
If you have a restriction to say that you cannot go say within 300 yards of a certain address then that restriction would go.
However, if there are any restrictions in relation to your complainant that surely you would not want to go near that person so you would continue to act as though you were on bail, even though the condition would be released.
Frequently Asked Questions
1. What is police bail?
Police bail allows you to remain out of custody while investigations continue, often with conditions attached.
2. How long can I be on bail?
Initial bail lasts up to three months and can be extended, sometimes with court approval.
3. What does Released Under Investigation (RUI) mean?
RUI means you are not on bail conditions, but the police investigation is still ongoing.
4. Can bail conditions be changed?
Yes, you can request a variation through the police or apply to the Magistrates Court.
5. Is there a time limit for RUI?
No, there is currently no fixed time limit for how long someone can remain under investigation.
6. Will bail conditions be removed under RUI?
Yes, any bail conditions, such as travel or location restrictions, are lifted once you are RUI.
Contact Sutton Defence Lawyers
If you have been placed on police bail or released under investigation, early legal advice can make a significant difference. We can advise on your rights, challenge unfair bail conditions and support you throughout the investigation.
Call our team today on 07798 753 720 or complete our online contact form to speak with an experienced defence solicitor in confidence.
