Being released under investigation or on pre-charge bail after a sexual offence interview can mean months of uncertainty. That time is not wasted. The period before charge is often the best opportunity your solicitor will have to influence the outcome, by gathering evidence, engaging with the investigation and making the case for no further action.
While you wait for a decision
- Do not attend a police interview, voluntary or after arrest, without a solicitor.
- Free legal advice at the police station is your right, whatever your income.
- Do not contact the person who made the allegation.
- Do not delete messages, photos, apps or social media accounts.
- Do not discuss the allegation with anyone other than your solicitor.
What does "released under investigation" mean?
After an interview, the police have three main options if they are not ready to charge: release you on pre-charge bail, release you under investigation (often called RUI), or take no further action. RUI means the investigation is continuing, but you have no bail conditions and no date to return to the police station. You have not been charged and you are not convicted of anything.
Released under investigation vs pre-charge bail
- Pre-charge bail can come with conditions, such as not contacting the complainant, living at a set address or not going to certain places. The initial bail period is three months under section 47ZB of PACE. It can be extended by more senior officers and, beyond nine months, only by a magistrates' court.
- Released under investigation has no conditions, but also no time limit and far less oversight. Investigations on RUI can run for a long time.
Bail conditions can be challenged. If yours are stopping you from going home, seeing your children or working, a solicitor can ask the police to vary them or apply to the magistrates' court. Our guide to bail for sexual offence charges explains more.
Who decides whether to charge?
For most sexual offences, including all rape cases, the decision to charge is made by the Crown Prosecution Service rather than the police. The CPS applies the Code for Crown Prosecutors, which has two stages:
- The evidential stage: is there enough evidence for a realistic prospect of conviction?
- The public interest stage: is a prosecution needed in the public interest?
Both must be met before a charge. Evidence that weakens the case, or points the investigation towards material that supports your account, can make the difference at the evidential stage.
What is pre-charge engagement?
Pre-charge engagement is voluntary communication between your solicitor and the police or CPS after your interview but before a charging decision. It is recognised in the Attorney General's Guidelines on Disclosure. It can be used to:
- identify lines of enquiry the police have not followed,
- point to witnesses, messages, CCTV or location data that support your account,
- agree search terms for downloads of phones and other devices, and
- clarify points from your interview.
Pre-charge engagement carries risks as well as benefits, because anything you put forward can be used. It should only be done through a solicitor, and only after careful advice.
Written representations
Separately, your solicitor can send written representations to the police or CPS setting out why you should not be charged. These may address weaknesses or inconsistencies in the evidence, the strength of your account and any public interest factors, such as your age, health or the time that has passed. Well-timed representations are one of the most effective tools available before charge.
Gathering your own evidence
You do not have to wait for the police. While the investigation continues, your solicitor can help you preserve and gather material that supports your account: messages and call logs, social media, photographs, receipts, travel records and the names of potential witnesses. Do not delete anything, even if you think it is unhelpful. Our guide to digital evidence explains why.
What happens next?
The investigation will usually end in one of three ways:
- No further action (NFA): you should be told in writing. It is normally the end of the matter, although cases can be reopened if new evidence appears.
- An out-of-court resolution, such as a caution. Never accept one without legal advice, as it can carry notification requirements and DBS consequences.
- Charge, either at the police station or by a postal requisition. The case then goes to court: see our court representation page.
If you have not yet been interviewed, read our guide to police interviews for sexual offence allegations and what to do if you are arrested.
Frequently asked questions
How long can I be released under investigation?
There is no fixed time limit. Released under investigation (RUI) has no statutory deadline, and sexual offence investigations commonly take many months, sometimes more than a year, especially where devices are being examined. Pre-charge bail, by contrast, has time limits and has to be extended by senior officers and, eventually, a court.
Is released under investigation better than bail?
It depends. RUI comes with no conditions, so you can go where you like and contact who you like (though you should never contact the complainant or witnesses). But it also has no time limits and less oversight, so cases can drift. Bail comes with conditions but has review points. A solicitor can advise on challenging bail conditions or pushing for progress.
Does "no further action" mean the case is closed for good?
Usually, but not always. The police can reopen an investigation if new evidence emerges, and complainants can ask for a decision not to charge to be reviewed under the Victims’ Right to Review scheme. In practice most NFA decisions stand, but you should keep any evidence you have and take advice if you are contacted again.
Will an investigation show on a DBS check if I am not charged?
It will not appear on a standard or basic check. For an enhanced DBS check, the police can include information they reasonably believe is relevant and ought to be disclosed, even where there was no charge. You have the right to make representations before disclosure in some circumstances, and to challenge it afterwards.
Can I get my DNA and fingerprints deleted?
In many cases, yes. Where no charge follows, biometric data is often deleted automatically, but the rules for serious sexual offences are more complex and the police can apply to keep it. You can also apply to the police to have your records deleted under the record deletion process. A solicitor can advise on your situation.
Should I chase the police for an update?
It is usually better for your solicitor to do it. They can contact the officer in the case, find out what enquiries remain, and judge the right moment to make written representations, without you saying anything that could be used in evidence.
How we help
We are a referral service, not a law firm, and we do not give legal advice ourselves. When you contact us, we pass your details in confidence to an independent solicitor who specialises in sexual offence defence, so they can contact you directly. We cover the whole of England and Wales, including London, Manchester, Birmingham, Leeds and every other area we cover.
This page is general information about the law in England and Wales, not legal advice. Last updated 11 November 2026.