How long do Police/The Crown Prosecution Service have to charge you with a crime?
How long do the police have to charge you with a crime?
How long do Police/The Crown Prosecution Service have to charge you with a crime?
If you are under investigation for an ongoing criminal matter, you are likely to be anxious as to how long the investigation can take to come to a conclusion. This may be because you have not committed a crime and wish for your name to be cleared, or equally, you may have committed a crime and are looking for the case to end in order to move on with your life.
Whatever your circumstances, being under criminal investigation for an offence is daunting. This blog looks to provide clarity on how long the police can investigate an offence and how long they can take to charge you.
Summary Only Offences
Offences which are triable summarily only (this means those cases which are only able to be tried in the Magistrates’ Court) have different rules to cases that can be heard in the Crown Court (these are called Triable Either Way or Indictable cases, and are explained further below).
S.127 of the Magistrates’ Court Act 1980 enforces a strict time limit of 6 months from the time the offence is committed for the information to be ‘laid on the court’ in the majority of cases. There are some niche exceptions which apply to this rule.
This does not necessarily mean a hearing must take place within 6 months. Being ‘laid on the court’ means the Police or Crown Prosecution Service must have notified the Court Clerks of a charge by that date. The Clerks will then issue a court summons for that person to attend court.
As a result, you may not receive a court summons with a court date within 6 months of the offence being committed.
If you intend to plead not guilty at your first court appearance, then a trial date will be set. This is likely to be a few months post-first hearing. It is entirely plausible that a case could not reach court for over a year, despite the time limits on summary-only offences.
Either way and Indictable Only Offences
Unlike legislation that limits how long a case can be investigated before it is taken to court in summary only cases, there is no such legislation for either way or indictable only offences.
This means that you could be charged with a crime which was alleged to have taken place years ago, at any point during your life.
When situations arise where an allegation is made some years, or even decades later, it can be especially worrying for the individual involved. At Old Bailey Solicitors, our specialist team understand that certain facts may be a blur, or altogether forgotten about. Our expert lawyers will take the time to ask the right questions, ones which may open locked away memories or forgotten memories.
Our supportive team understand that these may not be easy questions to answer, and may stir up emotion held deep down. We understand that re-living events from years ago may be distressing. Our non-judgmental and caring team will ensure we get to the core of the issue, whilst offering the support you need to face a historic allegation.
How long could I be under investigation for? Release on Bail v Release Under Investigation
In recent years, it has become common practice for a person to be ‘released under investigation’ rather than bailed.
There are many circumstances where bail will still be used, for example, to protect victims in domestic violence settings, or to prevent interference with witnesses.
Initially, police can bail a person for a period of up to 28 days. You must then return to the police station specified after those 28 days. There are a number of rules which govern extension of pre-charge bail after the first 28-day period, which will be discussed in another blog.
Release Under Investigation
Being released under investigation differs from bail in a number of ways. If you are released under investigation the following applies:
You are not expected to return to the police station at a given date/time;
You have no conditions which put limits on your life;
There is no timeframe attached to how long you can be released under investigation.
Due to resource and staff pressures and the sheer number of cases being investigated by the police at any given time, it is not uncommon for a person to be released under investigation for months. Sometimes even years.
Without an end-date in sight, being released under investigation can be daunting, to say the least. Our dedicated team will ensure that the officer dealing with your case is regularly chased for updates, we will pass on any update we receive to keep you informed and in the loop at all times.
For more information regarding being Released Under Investigation, please see our dedicated blog post written by our Managing Director, Rod Hayler: What does being Released Under Investigation (RUI’d) mean?
Crimes Committed as a Child
The age of criminal responsibility is 10-years-old in England and Wales. Therefore, if a person commits a crime under 10, they cannot be prosecuted for that crime in the future.
For summary-only offences, the same rules apply as set out above. Therefore, if an allegation of a summary only offence, such as a common assault, which you committed between the age of 10-18 comes to light after 6-months, or when you become an adult, you cannot be charged with that offence.
However, an either way or summary only offence can be investigated and charged as an adult, even when committed as a child.
It is important to remember that when considering whether to prosecute, the Crown Prosecution Service will have regard for the severity of the alleged offence, the age of the person when it was committed and whether it is now in the public interest to prosecute that offence.
For example, it is much more likely to be in the public interest to prosecute a rape allegation committed by a 17-year-old, that is not reported until some years later, than a shoplifting offence committed by someone 12-years-old, reported much later in the future.
Retrospective Prosecution
It is very unlikely that legislation will be passed which makes actions or behaviour which are legal, illegal before the legislation was passed. This wouldn’t be the case if an offence is covered by other legislation.
Therefore, if your conduct was legal at the time it was done, but later legislation was enacted which prohibited that behaviour, you would not likely be criminally liable or prosecutable for that conduct, save for in very exceptional circumstances where retrospective prosecution is enabled by a new offence.
However, if you were to continue this conduct after the enactment of the new legislation, you would be criminally liable.
This circumstance is highly unlikely to occur, as conduct which is now legislated upon is usually covered by previously enacted legislation. For example, in 2022, strangulation and suffocation became their own offences. Prior to this, an offence of strangulation may have been classified as GBH or attempted murder. Therefore, strangling someone before 2022 was already covered by law.
If you are facing an allegation of an offence which you believe was legal at the time of your conduct, it is vitally important that you seek legal advice immediately. Old Bailey Solicitors are on hand to provide you with advice on the law. Our expert team will analyse legislation to provide you with concrete advice on the allegation you face.
Conclusion
It is unfortunate that continual cuts to policing and court services have slowed down the progression of cases in recent years. As such, it is not uncommon for a person to be released under investigation for a number of months, or even years. If they are charged, slow progression through the courts can see cases drag on much longer than they should do.
If you have been accused of an offence you may have committed a long time ago, or you’re currently under investigation following an interview, get in touch with us now for clear-cut, sound advice as to the applicability of the law and your case.
Old Bailey Solicitors take a proactive approach to our client’s cases and attempt to prevent criminal proceedings at every stage where realistically possible. For a confidential, no-obligation chat about your individual circumstances, please contact us.
34 responses to “How long do Police/The Crown Prosecution Service have to charge you with a crime?”
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I have just been served the court hearing papers after 7 months and 2week ago I had been pulled for been over a certain speed in September 2022. Please can I ask you if its allowed to be served after so long.. I have now got a date but since the pre dated offence of driving over a specified speed 46 in a 30 zone what can I do now the case cannot be given priority it’s been several months nearly 8 months to complete just feel let down and its double jeopardy when been dealt with there’s been ample time to lay the case at court
Thank you for your comment. We are sorry to hear that you have now been served court papers after 7 months of the index offence. We can certainly assist you with whether this is appropriate and legal. I would suggest you contact our Specialist Team on 0207 8464 999 for further details about charges out of time, should you wish to arrange a conference with one of our solicitors.
My son was arrested for being in possession of a illegal substance (cannabis) with intent to supply, he was arrested and bailed in November 2022, rebailed now for the third time with out being charged. Surely this restriction is against his human rights.
Regsrds.
Phil Linden.
Dear Phil. Thank you for your comment. We are sorry to hear about your son’s arrest and repeated re-bail. We can certainly assist with advice on the appropriateness of his re-bail and whether this is reasonable and proportionate. In the first instance, I would suggest that you contact our Specialist Team on 0207 8464 999 for further details and to arrange a conference with one of our solicitors.
Hi,
My name is Jitendra and I have been accused of rape, harassment, threats to disclose sexual images, common assault. I know this women since 21 years and we were in an affair since past 5 years.
I was arrested on 4 March 2023 and was given police bail with conditions not to go to her house and contact her.
My bail to return was on 2nd June 2023 and bail was extended to 15 August 2023 for another 2.5 months.
I was interviewed and the on duty solicitor advised me to give a full comment interview.
I want to discuss this matter with you and see my options with which you can help me.
Dear Jitendra. Thank you for your comment. We are sorry to hear about the serious allegations that have been made against you. If you would like advice regarding your options, I would suggest that you contact our Specialist Team on 0207 8464 999 for further details about how we can assist you whilst you are on bail.
My car was vandalised outside of my home. He was arrested and admitted the charge, he offered to pay me £1200, and said he was sorry according to the police. He also vandalised my husbands van and the damage was the side window and windscreen. The police have said that there is insufficient evidence to prosecute as they couldn’t see this incident on my CCTV, however I have three witnesses who saw the incident happen, and are willing to make a statement. The total cost for the repairs to both vehicles is £1,696. The police said that if I accepted the £1200, one officer will collect the money from the perpetrator give it to another officer and then bring the money to me.
Dear Sharon, thank you for reaching out to Old Bailey Solicitors. We are very sorry to hear about the damage caused to your car. I would suggest you contact our specialist criminal law team on 0207 846 4999 to discuss your options and whether lodging a victim’s ‘right to review’ would be in your interests. However, please note that we are a criminal defence firm and cannot offer you advice if the person who vandalised your car is already our client.
Hi my name is Luke Sweet and on 28th November 2022 i was under aresst for suspicion of GBH then they changed it to common assult but i have been told whilst in custody that they were going to drop the case but the victim msde a complaint against me then i been realsed on bail after my 3rd bail they removed my bail they had a plan of action which was to realese me for further invesgation its been 7 months and no update are they allowed to change the charge after an aresst also if they wanted to drop the case should the have continued after the complaint im in wales
Dear Luke, thank you for reaching out to Old Bailey Solicitors. We can certainly advise you on whether you could be charged with an offence of common assault despite the timeframe of 7 months. In the first instance, I would suggest you contact our specialist team on 0207 846 4999 to discuss with our New Enquiry Team how we may be able to assist, as there is likely some nuance here given your initial arrest was for GBH.
I was arrested and charged with 2 counts of possession with intent to supply in in February 2021. I have only just received a court date, over 2 years later. I have not been in trouble since then but have been unable to move on with my life one way or another. I have very poor health and my son recently lost his dad. He committed suicide. I have a previous conviction back in 2014 for taking a phone into a prison. It was my first offence and I received 18 month. I was on a suspended sentence at the time I was arrested for possession. I pleaded guilty on basis of plea. I hope they don’t send me to prison 2 years later. Do you think that is the likely outcome and is there anything I can do to help
Dear Sir, we are sorry to hear of the situation you find yourself in. We would need to arrange a conference with you and review your papers before we can advise on the specifics of any matter. If you would like to arrange a conference with one of our specialist drug case solicitors, please contact us on 0207 846 4999 to speak with our new enquiries team who will be delighted to help.
on the 25 4 2022 I was charge with speeding 38 mph in a 30 mph zone. the speed limit sign is not the correct one. the court summons is issued in the name of the chief constable who retired 6 years ago. the camera operator did not sign his statement in ink. I think my number plate was cloned the case has been put off until 18 December 18 23 I am 87 years old please help me. John.
Dear John, thank you for your comment. If you were not the driver of the car caught speeding, I would advise you consider instructing us to discuss your options. We have a number of specialist motoring offence solicitors who can guide you through this process. Please contact us on 0207 846 4999 should you wish to discuss your options.
Is there a set giographic area you cover, or do you offer national cover (Durham)
Thanks
Thank you for your question. We are able to assist clients remotely. We would suggest you contact our specialist team on 0207 846 4999 to discuss your circumstances with our New Enquiry Team.
Please can you help me my grandson was accused of rape but there is no evidence to this crime yet it as continued for over a year and a half, and now they have told my grandson he has to attend court in August even though the girl who accused him withdrew her statement we were told.
Dear Sir/Madam. Thank you for your comment. I am very sorry to hear about your grandson’s matter. Unfortunately, in cases involved serious sexual offences there is usually significant investigation times. From your comment, it appears he may have been charged with an offence. The Crown brings any case, if there is a ‘realistic prospect of conviction’, despite lack of support from the victim, they do not necessarily need their support. I would suggest contacting us as a matter of urgency to discuss his options and to see if we can assist with representation.
My name is H Phillips and am concerned about my pre-charge situation. Was arrested on 25th June 2023 and interviewed under caution for affray and criminal damage. The police had photographic and witness photographic evidence, the baseball bat used in the commission of the damage to a neighbours door was seized by police. I accepted the questioning on the events. Was asked questions relating to racism which I denied. Now find myself in limbo unable to return to a home I own due to pre bail conditions and close proximity of witnesses. Was told by police the case was escalated to CPS and have been on bail since June 26th. Why was I not charged at the station at the time and what does this likely mean for my position going forward? I have a lot to lose, I am a single working man in financial hardship, with stress, doing a full time job juggling solicitor meetings and help courses. An absolute nightmare as I have no previous convictions.
Dear Mr Phillips, thank you for your comment. We are sorry to hear about your situation, for someone who has never been involved in the criminal justice system before, it is certainly very daunting. Despite your admission of the offence, serious offences are often sent to the Crown Prosecution Service for a charging decision and it may be the case further evidence was required to meet the charging threshold, especially if the police are considering whether you committed a racially aggravated offence. If you would like to discuss in more depth, please contact us to arrange a conference with one of our solicitors on 0207 846 4999. Kind regards. Matt Bishop. Old Bailey Solicitors.
Hi my name is Tony I was arested last September for touching a child, I was put on bail twice now on investigation, I have never been in trouble before and was very confused at the time of arrest they locked me up for 23 hrs, I suffer from a variety of health issues including mental illness, when I was taken into the police station I advised them that I only had half my medication I also told the nurse that I needed more for my heart blood pressure and tramadol for pain nothing was done the next morning was the same I only had two sips of water and no food the whole time so by the time I was interviewed I understood the questions but was having a hard time revealing things so my answers were very vague, I kept saying I was innocent, when I was released I was very confused I asked the police if they could get a number out of my phone so I could call someone I was told the train station is down the road, I get PIP because I cannot walk more than 20 meters without putting my life at risk no body cared,
Dear Tony, thank you for your comment. I appreciate how distressing being in a police station can be. If you would like to get in touch with us about your individual circumstances, please call us on 0207 846 4999 for a discussion about how we may be able to assist’.
Hi I have been released from police station with u der investigation on arson attack at my restaurant.
However it’s been 2 years now since the investigation start I have contact police servel time they always says this week this month will sent to cps now finally they said 6/7 weeks ago they sent to CPS now I contacted them few for an update they said nothing yet. Today the officer doing investigation DC message from her saying CPS just emailed saying they just checking the file with a lawyer for advice … can you please advise me what you think it’s going on it’s already two years pleasecan you advice- many thanks
Thank you for your comment. It is very unfortunate that your case has been ongoing for this length of time, but unfortunately, not too uncommon. I would suggest you get in touch with us, as we may be able to assist with being a point of contact for the investigating officer and can provide you with regular updates on the progression of your case. If the matter is currently with the Crown Prosecution Service, it seems likely the decision to charge will be forthcoming soon. We can be contacted on 0207 846 4999 should you wish to discuss representation in the event of charge and/or if you would like to arrange a consultation with a solicitor to discuss your case presently.
My son was arrested in May 2021 for getting involved during Covid lockdown in a terrorist website, he was just 16, and was released under investigation. Others on the Website were charged and convicted, but they left my son for 20 months until a few days before his 18th birthday to charge him. It originally was sent to Magistrates as he was still a minor, so they added another charge a few days later so it was sent to Crown Court. Did he not have the right to be tried as a minor as that what he was as the time of the offence?
Thank you for your comment. There are a number of factors which can influence whether someone is tried at the Youth Court or at a Crown Court Venue, such as the charges faced and whether they classify as ‘grave crimes’. If you need assistance in representing your son or further advice on your son’s trial as a youth, please feel free to call us for a private and confidential discussion about how we may be able to assist.
People I know have been charged with access device fraud and are saying that they are going to do anything they can to bring me involved with them I had nothing to do with it can the police go on hearsay by them saying I was involved with it to charge me?
Hi , My name is Ali , I was arrested by police for offence of (applying loan on my girl friends name , taking money from her ,) at Birmingham airport in May 2023 & was on bail for 3 months which they changed into Released under investigation ! I police had my passport which they returned to me after changing my bail into RUI..I want to ask can I go on holiday while I’m under investigation?
Appreciate your response
My son was accused of attempted murder and possession of a weapon without not proof, the only proof they have is that people who know him said his name when I’ve known him since he was a child and that’s why they said his name and the person in question who it happened to discharge his steitmen my accused and my son has been in remain for 2 months, please can you advise me what to do?
Hello
My name is C. I was arrested December 2021 for Fraud, released under investigation. Re-arrested April 2022 – I was told the case would be sent CPS slow time.
We are now July 2024, still nothing, the police seized alot of my items, probably £5000 upwards for an apparent £1000 Fraud case. I want them back.
The arresting officer, never comes back to me. No direct line. My solicitors I had, was also ignored.
How long can this take and is there anything else I can do? I just want my life back.
The victim(s) are my partners family (still together despite all this)
Dear C, thank you for your comment. I appreciate how being under investigation for such a long period can be a very stressful time. The Police, unfortunately, have the power to retain property for the full investigation period. If you were charged with any offences, this property may be used as evidence in any trial. For tailored and specific advice to your circumstances, please contact our New Enquiry Team on 0207 846 4999 to arrange a consultation with one of our solicitors.
My husband was accused of sexual abuse in 2022, there was not enough evidence. The officer in charge has said the case is still with CPS. From what I’m reading, the cps can ask the police to try get more evidence. So still at stage 1 investigation, however in 2024, the case is still “ongoing” and officer in charge is still saying case with CPS. Can this be?
Hi my name is L I was released under investigation some years ago had police put cameras in my home they interviewed me in my sleep bye letting them self’s in to my parents flat and questioning me while I was a sleep on the sofa.The person who did this said they was aloud to as I have a previous conviction I do not I was fined £200 I have been told my case is going to the cps this was 3years ago still nothing
Dear L
Thank you for reaching out to Old Bailey Solicitors. In order to provide you with the best possible assistance and to understand your circumstances in greater detail, it would be beneficial for us to arrange a private consultation. Please contact us to arrange a conference, so we can discuss your case in a confidential setting and offer you the appropriate guidance.
Our offices can be contacted on 0207 846 4999.