The Difference Between Police Bail and Released Under Investigation; Understanding Police Procedures in England and Wales

In recent years, the landscape of police procedures concerning arrest, questioning  and release has evolved considerably. Two terms that frequently arise in the context of criminal investigations are "released on police bail" and "released under investigation" (“RUI”). 

These procedures, while seemingly similar, carry distinct legal implications and practical consequences for individuals involved. 

The topic has come into public focus following the recent arrests of Andrew Mountbatten Windsor and Peter Mandelson, both of whom have experienced these processes in the course of high-profile investigations.

Arrest  and Voluntary interview – what is the difference ?

Police powers to arrest are governed by the Police and Criminal Evidence Act 1984             ( “PACE”) and its Codes of Practice. To carry out an arrest, the police must have reasonable grounds to suspect that an offence has been committed and that an arrest is necessary. The reasons include to enable the prompt and effective investigation of the alleged offence, to prevent harm to individuals and to prevent hindering the investigation by absconding / fleeing overseas.

If a person is arrested, the police may enter and search premises if there are reasonable grounds to believe evidence related to the alleged offence is present and can seize items including paperwork and digital devices.

A voluntary interview under caution is a process where a suspect agrees to be interviewed by police. They are not under arrest and are free to leave the police station at any time. However, there is a risk that a suspect may be arrested upon arrival if the police determine that an arrest is necessary to prevent prejudice to an investigation or destruction of evidence.

Where a suspect attends for a voluntary interview, there is no power for the police to search premises and seize items without a warrant.

Police Bail 

Police bail is a longstanding mechanism by which individuals arrested on suspicion of committing an offence are released from custody while investigations continue. Bail is granted by the police, but it is subject to certain conditions and time constraints. 

The suspect is typically required to return to the police station at a specified date, usually within three months, allowing officers to gather further evidence or await results from forensic analysis. There can be extensions to periods of police bail.

Conditions attached to bail can include restrictions on travel, contact with certain individuals, or requirements to reside at a particular address. 

The intention is to prevent interference with the investigation or with potential witnesses, and to ensure the suspect is available for further questioning or charge. 

Breaching bail conditions may result in re-arrest and potential criminal charges.

Historically, police bail was used extensively, but concerns arose regarding the length of time suspects could be left “released on police bail” and, therefore, in limbo, often for months or even years, without charge.

Reforms in the Policing and Crime Act 2017 (“the Act”), which introduced strict time limits and oversight for police bail, aiming to protect civil liberties.

Released Under Investigation: The Alternative 

RUI emerged as an alternative to police bail in response to the Act. 

Under RUI, a suspect is released from custody without any formal conditions or requirement to return at a set date. The investigation continues, but there is no legal obligation for the suspect to check in with the police, nor are there restrictions on their behaviour unless they are later charged.

This approach was intended to streamline the investigative process and reduce administrative burdens. However, it has attracted criticism for leaving suspects in a state of uncertainty, often for extended periods, without regular updates or clarity about the progress of the investigation. 

There are no safeguards for victims or potential witnesses, and suspects are not given a definitive timeline for resolution.

For police, RUI offers flexibility, but the lack of formal oversight means investigations can stall, which can be unsettling for suspects.

The absence of any conditions when a suspect is released in an RUI scenario may also allow suspects to travel, contact witnesses, or take actions that could affect the investigation.

Key Differences

• Conditions: Police bail imposes formal conditions; RUI does not.
• Obligation to Return: Bail requires a return date; RUI has no such requirement.
• Oversight: Bail is subject to judicial and procedural oversight; RUI is less regulated.
• Impact on Suspects: Bail may be restrictive but offers clarity; RUI is less restrictive but can be more indefinite.
• Legal Consequences: Breaching bail conditions can lead to re-arrest  and further potential charges;  RUI offers no such framework.

Depending on the complexity of the investigation, suspects initially released on police bail are often later released under investigation.

Current Examples

The arrests of Andrew Mountbatten- Windsor and Peter Mandelson have brought these processes into public discussion. Following their respective arrests, both were released while investigations continued. 

Mr Mountbatten -Windsor was released under investigation, a procedure that left him without formal conditions but in a prolonged state of uncertainty. 

Mr Mandelson, meanwhile, was released on police bail, facing specific restrictions and a requirement to return , possibly for further questioning.

These examples highlight the practical differences: Mr Mandelson's bail conditions ensured oversight and a clear timeline for police follow-up, whereas Mr Mountbatten- Windsor’s release under investigation meant he could continue his daily activities without restriction, but with less clarity about the investigation's progress or eventual resolution.

Conclusion

While both police bail and RUI are designed to facilitate ongoing inquiries, they offer contrasting experiences for suspects. 

Police bail, with its formal conditions and clear timelines, provides structure and oversight, but can be restrictive. RUI, by contrast, is less burdensome but offers little clarity and protection. 

The high-profile cases of Mr Mountbatten- Windsor and Mr Mandelson serve as reminders of the need for balance between efficient investigation and safeguarding the rights of all involved. 

As the justice system continues to evolve, it is vital that both procedures are used judiciously and with regard to fairness and transparency for those under investigation.

For further advice or assistance please contact our team.