When the police have finished with you for the time being but have not decided what to do, you will be released in one of three ways. None of them costs you anything: there is no financial bail in England and Wales.

Released under investigation (RUI)

You are released with no conditions and no date to return. The investigation continues and you may be asked back for interview or told the outcome by letter, sometimes months later. You should be given written notice that you are under investigation. If you have been RUI'd for a long time with no update, your solicitor can press the force for a decision.

Pre-charge bail

You are released with a duty to return to the police station on a set date, and possibly with conditions, for example not to contact a named person or go to a particular address. Since the Police, Crime, Sentencing and Courts Act 2022 the police are expected to use bail with conditions rather than RUI where that is needed to protect victims or witnesses.

The time limits on pre-charge bail are:

  • Up to 3 months, authorised by an inspector.
  • Extendable to 6 months by a superintendent.
  • Extendable to 9 months by a superintendent in designated complex cases (12 months in some serious fraud and similar cases).
  • Beyond that only a magistrates' court can extend it.

Breaching a pre-charge bail condition is not itself a criminal offence, but you can be arrested for it and your conditions can be tightened. Breaching certain conditions, such as contacting a protected person, may also be a separate offence. You can ask the police to vary conditions, and apply to a magistrates' court if they refuse.

Charged and bailed to court

If you are charged you will usually be released on bail to attend court on a set date. The custody officer can attach conditions under the Bail Act 1976 if they think you might otherwise:

  • Fail to turn up at court.
  • Commit another offence.
  • Interfere with witnesses or obstruct the course of justice.
  • Be at risk yourself, or (if under 18) need protection.

Typical conditions include a curfew, living at a specified address, not contacting named people, not going to a specified area, or reporting to a police station. Failing to attend court on bail is a criminal offence in its own right, and breaching conditions can lead to arrest and to being kept in custody until your hearing.

Being kept in custody after charge

The police can refuse bail after charge if, for example, they do not know your name or address, they believe you will not attend court or will commit offences, or they need to protect someone. You must then be brought before a magistrates' court at the next sitting, where you can apply for bail with legal representation. For most offences there is a presumption in favour of bail.

What to do

Get the bail notice or RUI notice in writing and keep it. Make a note of your return date. If a condition is unworkable (it stops you working or seeing your children), ask your solicitor about applying to vary it straight away rather than breaching it.

This is general information for England and Wales, not legal advice. If you have been arrested or charged, speak to a solicitor: advice at the police station is free for everyone.