Temporary release
When you are arrested for an offence, it can be the case that the police do not have enough evidence to charge immediately and may need more time to investigate, wait for forensic test results to be returned, and/or prepare to interview you.
In these situations, depending on the offence under investigation, rather than hold someone at the police station for an extended period of time, most defendants facing motoring related charges are released until the police decide whether to charge or not.
Previously, bail was used more commonly between an individual being charged and attending court, with the majority being released under investigation until the charge. Since October 2022, because of the Police, Crime, Sentencing and Courts Act, the police are now encouraged to use pre-charge bail where it was previously discouraged.
The most common cases that we deal with for which this information is useful, are drink or drug driving offences in which the specimen taken at the police station was blood or urine, rather than breath. An individual is then released and awaits the results, which can take some time. This does occasionally happen in breath cases in which the police need to gather evidence that a defendant actually drove – if the officers did not witness driving, they often obtain local CCTV or witness statements.
How it works
There are still 3 options for release between arrest and charging but the emphasis has changed. These options are:
- Pre-charge bail without conditions
- Pre-charge bail with conditions
- Released under investigation (RUI)
The key difference between bail and being released under investigation (RUI) is the ability to impose conditions. These usually aim to stop an offender reoffending whilst on bail. From a motoring perspective, it is quite rare for pre-charge bail conditions to be imposed. The imposition of a bail condition is more likely if the drink driving is combined with something more serious such as another driving offence such as dangerous driving or they have a history of failing to surrender.
In order to impose conditions, the police must establish that they are necessary;
- to prevent the suspect from failing to surrender to custody,
- to prevent the suspect from committing an offence while on bail,
- to prevent the suspect from interfering with witnesses or otherwise obstructing the course of justice,
- for that suspect’s own protection – or, if a child or young person, for their own welfare (s 3A(5), Bail Act 1976.
Time limits
In order to support the new emphasis on bail, the previous time limit of 28 days on pre-charge bail has been increased to an initial 3 months. This can be increased to 6 and 9 months with permission from higher-ranking officers. This gives the police a window to complete their work (the ABP – applicable bail period), without making the task impossible considering their workload. In practice, there is a 6-month time limit for the police to lay information for many of the offences that we deal with. This means that our clients rarely wait more than 6 months to be charged and, it is likely that the bail will not be extended.
In the vast majority of motoring cases that we deal with, the police will not find it necessary to impose conditions upon bail. They may require a defendant to attend an interview during the bail period and will often not require them to return to the police station at all, simply sending a letter with a charge and date to attend court instead.
So, what is the difference between bail without conditions and RUI?
For the ordinary defendant, not a lot. The main difference is that there is a clear timescale for knowing what will happen next (this can be extended, but not indefinitely). This can be better for those in limbo waiting to find out whether a charge will be brought. When RUI, you are simply sent away to await a letter that could come at any time. Bail also makes life easier for the police if a defendant is reluctant to surrender to custody (we would not recommend this!). Under bail, the police may arrest someone who fails to surrender, whereas with RUI they would have to get a warrant first.
If you have been released under investigation, or bailed with or without conditions, give the Geoffrey Miller team a call for some advice! We will often wait with a case on standby for a client, so that we are ready to go if they are charged and can then give the best possible legal support in that eventuality.
Call Us Now Free on 0800 1389 123
Call Geoffrey Miller Solicitors 24 hours 7 days a week
Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.
You can also book an appointment with Jeanette Miller a.k.a. Miss Justice using our online booking system. If Jeanette is unavailable for your preferred date and time you can book an appointment with a member of our legal team. Please have as much information about your enquiry before the call e.g. Date of Hearing, Paperwork etc.
Add comment