RELEASED UNDER INVESTIGATION-THE LAW OF UNINTENDED CONSEQUENCES

Several years ago a number of high profile celebrities were arrested for alleged crimes and kept on police bail for what appeared to all concerned as unconscionable periods.

As a result legislation was passed limiting bail backs to one month, with the option of extending up to 3 months, subject to rules into which we won’t go in this blog.

The response of the police was to avoid bail by releasing suspects “under investigation”.

This is now the most common way the Police are releasing a person who has been arrested if they have not decided whether that person is to be charged with a crime.

This does not help the person arrested as they have no closure and can be waiting for an indefinite period for a decision as to charge. Indeed, the average wait for a decision appears now to be longer, rather than shorter, as the police now have no specific date to work towards in these cases.

The main consideration that person should have is to keep in contact with their Solicitor and use them as their lifeline to a decision.

This means a call occasionally to the Solicitor’s office to check if they have heard anything or to leave a contact number with their Solicitor who can keep them updated, and inform the solicitor if they change address.

It would also assist the solicitor to inform him or her if a decision is reached as the solicitor is not normally informed by the police of a decision, and even regular prompts to the police by solicitors do not always receive replies. Particularly, if you have a Court date, don’t assume that your solicitor will know but tell him or her as soon as possible in order that the evidence can be obtained, full instructions taken, and Legal Aid applied for.

The change from a person being Police Bailed has not been helpful in any way as there is no date for the Police to adhere to in anything other than summary only matters  therefore leaving it open to last for years.  Not a change in law that has the Interests of Justice in mind you may say, and we agree.