Policing.uk
Police bail vs released under investigation
Pre-charge bail versus Released under investigation (RUI)
Pre-charge bail and release under investigation (RUI) are two ways a suspect may be released from custody while the investigation continues. They differ significantly in the conditions that can be imposed, the time limits that apply, and the level of oversight the suspect experiences.
Side by side
| Pre-charge bail | Released under investigation (RUI) | |
|---|---|---|
| Legal basis | Section 37(2) and sections 47ZA to 47ZM PACE 1984, as amended by the Policing and Crime Act 2017 and the Police, Crime, Sentencing and Courts Act 2022 | Section 37(2) PACE 1984: the custody officer releases the suspect without bail while the investigation continues. No standalone statutory framework governs RUI |
| Conditions | The custody officer or an inspector may impose conditions such as residence requirements, non-contact conditions, surrender of passport, or curfew | No conditions can be imposed. The suspect is free to go about their daily life without restriction |
| Time limits | Initial bail period is 3 months (since PCSC Act 2022). Extensions require superintendent authorisation (to 6 months) and then magistrates' court approval (beyond 6 months) | No statutory time limit. The investigation may continue indefinitely, though College of Policing guidance recommends regular review |
| Breach consequences | Breach of bail conditions is not itself a criminal offence, but gives rise to a power of arrest under section 46A(1A) PACE. The suspect can be re-arrested and returned to custody | There are no conditions to breach. The police cannot arrest the suspect for failing to comply with RUI because there are no obligations |
| Monitoring | Subject to oversight: the applicable bail period must be reviewed by a senior officer before it expires. A bail extension record is maintained | No formal review mechanism is required by statute. Cases may drift without active management |
| Reporting requirements | The suspect may be required to report to a police station at a specified date and time as a condition of bail | No reporting obligation. The suspect waits for the police to make contact when the investigation concludes or further action is needed |
| Impact on suspect | Conditions may restrict movement, association, and travel. The suspect knows when they must return. Certainty but constraint | No restrictions on daily life, but no timeline for resolution. Extended uncertainty and difficulty planning ahead |
| When used | When conditions are necessary and proportionate to prevent interference with witnesses, obstruction of justice, flight, or further offending | When no conditions are required and the investigation does not warrant the administrative burden and oversight of formal bail |
Which applies
The 2017 reforms introduced time limits on pre-charge bail to prevent suspects being left on bail indefinitely. An unintended consequence was a large increase in RUI, which has no time limit and no conditions. The 2022 Act rebalanced the framework to make bail easier to impose where conditions are genuinely needed. Suspects released under investigation should seek legal advice if the case appears to have stalled.
Last updated 24 September 2026