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Released under Investigation?

Have you been interviewed by the police and released under investigation?

If so we can help. On the 3rd April 2017 the law relating to police investigations changed. Prior to this date where there was insufficient evidence to charge a suspect or further enquiries were considered necessary, a suspect would be released on police bail, with or without conditions.

However, undoubtedly due to cuts to police resources, following an interview suspects would be ‘bailed off’ to a date up to six months in the future. These dates would then be extended for a variety of reasons. Although this often infuriated suspects at least they had a date to work towards and a date as to when a decision would be made. It was not unusual for a suspect to be on police bail for in excess of a year. Cliff Richard was on bail for over three years!

New police bail time limits

On the 3rd April 2017 new rules were implemented that set strict time limits on how long a suspect can remain on police bail prior to charge.

The police as well as enforcing the law now sidestep the law by not formally granting police bail but releasing a suspect under investigation. This means the police are investigating you and they will let you know the outcome of those investigations in their own time. Maybe next week, next month, next year. The police are not accountable as to how long an investigation takes.

There is no date to work towards. The suspect ‘s life is on hold indefinitely. Not knowing when the investigation will be completed, not knowing when they get their property back, not knowing when they apply for a job whether being under investigation is something that will show up. The uncertainty can often be worse than the outcome. I have one client who has been released under investigation  in relation to one allegation of  sexual assault. The police have told him it could take a year and ‘probably much longer’. How can this be fair on the suspect or the complainant?

How can Olliers Solicitors help me?

Watch Matthew Claughton discussing how Olliers Solicitors can help you if you have been released under investigation.

Here at Olliers we can help. We provide a pro-active approach which involves contacting the officer in the case, ensuring the investigation is progressing. We also advise as to the law, speak to potential defence witnesses and if we consider them relevant and credible disclose them to the police to try and head off a charge. If a charge is forthcoming we would then be in a strong position to defend the allegation.

In short, we offer an important line of communication with the police as well as ensuring you’re properly advised and represented every step of the way. In many cases the investigation phase is often the most important. It sets the tone for the rest of the case and at best can be ‘won’ at this juncture.

Released under Investigation? Contact Olliers Solicitors

If any of this applies to you, friends or family please contact Matthew Claughton or Ruth Peters by telephone on 0161 8341515, by email at info@olliers.com or click here to contact us for an initial discussion.

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Case Studies

  • Case Study One
    21-year-old male of good character faced allegation of date rape in which the complainant claimed to have been unconscious for ten hours. Olliers were able to prove social media activity throughout the night and downloading of an app together with text activity from the alleged victim the following day. Olliers also provided police with details of a flatmate who witnessed sexual activity. Police were also provided with a motive for the fabricated complaint. Following representations to the police, matter came to a swift conclusion without even going to the Crown Prosecution Service for a charging decision.
  • Case Study Two
    Young man faced allegation of sexual assault in a nightclub. It was suggested that he had assaulted a complete stranger without any earlier interaction. Olliers were able to show that alleged victim had in fact connected with the suspect on WhatsApp at the time of the incident which would have been impossible on her version of events. Olliers were also able to show that complainant’s boyfriend had unexpectedly arrived in the nightclub which gave an explanation and motive for the false allegation. No charges were brought.
  • Case Study Three
    Client faced an allegation of historic rape based upon one incident thirty years earlier. Olliers were able to produce to the police a poem sent to the defendant by the complainant ten years previously i.e. twenty years after the alleged incident in which she admitted to her infatuation with the suspect at the time of the incident. Representations were made including a defence explanation for the allegations being made.  Crown Prosecution Service took the view that there was not a realistic prospect of conviction and no charges were brought.
  • Case Study Four
    Client  was arrested and interviewed under caution in connection with historic allegations of rape. He was subsequently released under investigation pending further police enquiries. On contacting Olliers, we immediately adopted a proactive approach and established contact with both the officer in the case and the duty solicitor who had represented the client at the police station. Following detailed consideration of the police station notes, and on taking thorough instructions from our client, we drafted representations against charge on his behalf. The aim of our representations was to persuade the Crown Prosecution Service that there was ‘not a realistic prospect of conviction’ as required by the Code for Crown Prosecutors. The police investigation was ongoing for some time and we periodically liaised with the investigating officer to provide the client with updates. Having considered our representations, the police decided to take no further action against our client and the matter came to a close.
  • Case Study Five
    Our client was arrested and interviewed under caution in relation to historic allegations of rape, sexual assault and controlling or coercive behaviour. He was subsequently released under investigation pending further police enquiries. The client contacted Olliers shortly after his arrest. Following this, we obtained the case papers from the duty solicitor who had represented him during interview. We also established contact with the investigating officer and drew their attention to some initial points about the case which would require further investigation. As the investigation developed, we drafted comprehensive representations against charge based on our client’s detailed instructions and relevant material he had provided. On considering our representations, the police decided to take no further action against our client and the matter was concluded.
  • Case Study Six
    Our clients were directors of a payment processing company. This was a multi-jurisdictional investigation involving restraint of assets on several continents. Extensive police liaison took place, a substantial amount of exculpatory material was provided to the police. Complex and ultimately successful applications to vary and discharge restraint orders were made. Representations against charge were submitted. The matter concluded following a successful application under the Criminal Justice and Police Act 2001 for return of items unlawfully seized by police and decision was made to take no further action against our clients.
  • Case Study Seven
    Client E was arrested and interviewed under caution concerning allegations of rape and sexual assault. He was released under investigation as the police continued with their enquiries. Client E contacted Olliers only a few days following his arrest to request pre-charge representation. We swiftly proceeded to make contact with the investigating officer to establish a line of communication. We also quickly obtained the case papers from the duty solicitor whom represented Client E at the police station. For the following five months, we maintained contact with the investigating officer and regularly liaised with them regarding bail requirements and the progress of their investigation. After in-depth consideration of the police station notes and all of the information and instructions provided by the client, we disclosed some material to the investigating officer concerning the allegations. Following review by the police and consideration of their lines of enquiry, a decision to take no further action was reached thereby concluding the investigation.