What Happens If You’ve Been Arrested But Not Charged?
Being arrested but not charged is one of the most unsettling legal situations a person can face. There is no verdict, no clarity, and often no clear timeline - just uncertainty about what comes next and what it might mean for your life, your career, and your reputation.
What many people do not realise is that this period - between arrest and any charging decision - is often the most important stage of a criminal investigation. The decisions you make now, and the legal support you have in place, can directly influence whether a case ever proceeds.
This post answers the most common questions that arise when someone is arrested but not charged in the UK.
FAQS: Arrested But Not Charged
Does an arrest show on a DBS check?
An arrest without charge will not usually appear on a standard DBS check. However, in certain circumstances, information relating to an arrest may be disclosed on an enhanced DBS certificate - particularly where the allegation is considered relevant to the role being applied for.
How long can the police investigate before charging?
There is no fixed time limit for a police investigation in England and Wales. Some cases conclude within days; others continue for many months depending on the complexity of the allegations and the volume of evidence under review.
This open-ended nature of the process is one of the reasons early legal advice is so important.
Can the police charge you after releasing you without charge?
Yes. Being released without charge does not mean the matter is closed. Police can continue their investigation, and charges can still be brought at a later stage. The absence of an immediate charging decision is not the same as a decision not to charge.
What does ‘released under investigation’ mean?
Released Under Investigation (RUI) means the police are continuing to investigate but are not currently imposing bail conditions. You remain under investigation and may be contacted again in connection with further enquiries or a charging decision.
Should I get legal advice before being charged?
In most cases, yes - and the earlier the better. Pre-charge legal representation allows proactive engagement with the investigation before any formal charging decision is made. This can significantly influence the outcome.
Who Decides Whether You Are Charged?
Once a police investigation concludes, the case file is submitted to the Crown Prosecution Service (CPS) for review. It is the CPS - not the police - that makes the charging decision.
In practice, the police file is often presented from a prosecution perspective. This means that important defence material, contextual information, or evidential weaknesses may not be fully emphasised when the case is first reviewed by prosecutors.
Under the Criminal Procedure and Investigations Act 1996 and the Criminal Procedure Rules, suspects are entitled to take an active role in the pre-charge process. One of the most effective ways of doing this is by submitting written representations for the prosecutor to consider alongside the police file.
These representations can:
Highlight weaknesses in the evidence
Address credibility concerns
Draw attention to relevant defence material
Correct factual inaccuracies in the police account
Provide important context to the allegations
Assist prosecutors in making a balanced and informed charging decision
This stage is frequently overlooked - even though it can significantly influence the direction and outcome of an investigation.
What Are Pre-Charge Representations?
Pre-charge representations are written submissions prepared on behalf of a suspect before a charging decision is made. Depending on the circumstances, these may include:
Analysis of the police evidence, including credibility or evidential weaknesses
Explanation and presentation of defence evidence
Reference to your police interview account where it supports your case
Character evidence
Defence evidence or expert reports
Challenge to the CPS two-stage charging test - both the evidential and public interest stages
Proposals for alternative outcomes such as a community resolution, caution, or restraining order where appropriate
Well-prepared representations help ensure that prosecutors are considering the full evidential picture — not just the prosecution case as presented by the police.
Under Investigation: What Should You Do?
It is common for individuals under investigation to take a passive approach, particularly where they have no prior experience of the criminal justice system. However, waiting without legal guidance can mean missed opportunities to influence the direction of the case.
The early stages of an investigation are often critical. Evidence is gathered, witness accounts are assessed, and charging decisions begin to take shape long before a case reaches court.
Taking proactive legal advice at this stage may help:
Clarify the strength of the evidence against you
Prevent misunderstandings from developing into formal allegations
Make representations directly to investigators and prosecutors
Challenge unnecessary delays in the investigation
Reduce the likelihood of charge where appropriate
Explore alternative outcomes such as cautions or community resolutions
Avoiding prosecution is always the primary objective. Where that is not achievable, early engagement can still significantly reduce the long-term consequences.
Why Engage in Pre-Charge Representation?
Early engagement during a criminal investigation can be decisive. Acting before charge allows your legal team to present evidence, make representations, and influence the investigation - in some cases preventing a prosecution entirely.
Even where the CPS ultimately proceeds to charge, a case that has been proactively managed from the outset is usually far better prepared than one where legal advice was sought only after charge. This provides meaningful advantages:
Early identification of defence issues
Better preparation of evidence and witnesses
A clearer understanding of the prosecution case from the outset
Stronger strategic positioning throughout
Where pre-charge engagement results in no further action, individuals can avoid the stress, reputational damage, financial cost, and personal disruption that criminal proceedings bring — even where an eventual acquittal might have followed.
The Role (and Limits) of the Duty Solicitor
The duty solicitor scheme provides an important safeguard for individuals attending a police station. Everyone is entitled to free legal advice at this stage, regardless of their financial circumstances.
A duty solicitor can:
Protect your legal rights during interview
Ensure that proper procedures are followed
Advise you on immediate next steps
Assist during detention and questioning
However, the scheme is generally limited to the police station stage. Ongoing strategic advice, continuity of representation, and long-term case management are not within its scope.
For individuals facing complex or lengthy investigations, continued legal support — from a specialist who knows the details of your case — is often essential.
We’re Here To Help
Our team advises and represents clients across a broad range of criminal investigations. Every case is approached individually, based on the specific allegations, evidence, and wider circumstances involved.
Cases include:
Serious sexual offences
Possession of indecent images
Sexual communication offences
Assault, ABH, GBH, and affray
Domestic abuse allegations
Coercive or controlling behaviour
Harassment and stalking
Malicious communications
Drug possession and supply offences
Fraud and financial crime investigations
Money laundering allegations
False accounting offences
Terrorism and national security investigations
The earlier you act, the more options you have.
Being under investigation does not mean a prosecution is inevitable. The period between arrest and any charging decision is not a time to wait passively - it is often the most important window in which to act.
At Direct Barrister Network, we connect individuals under investigation with specialist criminal barristers who understand both the legal process and the very real personal stakes involved. Early, expert advice can make a significant difference to how your case develops - and to the outcome.
Speak to a specialist criminal barrister today
If you have been arrested but not charged, or are currently under investigation, contact our clerking team for confidential, specialist advice tailored to your circumstances. We are here to help you understand your position and take the right steps from the outset.