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Police Investigation Procedure in the UK

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There are many steps to the police investigation procedure in the UK. If you believe that you may be subject to an investigation, it is important to be aware of what to expect and what you will need to do.

We discuss the general police investigation procedure in the following article, as well as answering various other commonly asked questions we often hear from individuals who expect to be investigated by the police.

Please note that the following article is for informational purposes and should not be taken as legal advice. If you are concerned about being subject to a police investigation, please get in touch,  and our team can advise you.

What is the police investigation procedure in the UK?

The majority of police investigations in the UK are conducted by territorial police forces. Depending on the nature of the alleged crime being investigated, specialist police units and non-police law enforcement agencies may also be involved.

The basic investigation procedure is as follows:

The first step is that a crime must be suspected or there must be reasonable belief to suspect criminality. The more serious the offence, the more likely an initial assessment will be conducted. The police do not have the resources to investigate every minor crime.

When an investigation is launched,  the police (or other relevant agency) will begin by gathering all of the evidence related to the case.

If enough evidence has been gathered, the police believe they have identified a suspect or group of suspects, and the legal test set out in Section 24 of the Police and Criminal Evidence Act 1984 is met, the police can proceed to issue an arrest. Alternatively, if the police do not have enough to warrant an arrest, they could send out an invitation to a suspect to attend a voluntary interview under caution.

An Interview will usually take place at the police station. Following this interview, a decision will need to be made about this case, which will result in the suspect(s) being charged with an offence (usually a decision made by the Crown Prosecution Service in more serious cases), released on pre-charge bail or released under investigation.

Sometimes, the police can summon a suspect to court without an interview where the evidence is overwhelming.

If a suspect is released on pre-charge bail or under investigation, the investigation will continue, and they may be made to return to the police station for further questioning at a later date.

How do you check if the police are investigating you?

In most cases, you may not be aware that the police are investigating you until you are arrested or sent an invite to attend a voluntary interview under caution.

Do you have a right to know if you're being investigated?

No, you do not have a legal right to be informed if the police are investigating you for an alleged crime.

How long do police investigations take?

The time it takes for a police investigation to conclude can vary depending on the complexity of the case. However, there are certain time limits to be aware of.

Court proceedings

Court proceedings for summary-only offences (those which are heard in the Magistrates’ Court) must usually be issued within six months of the commission of the alleged offence. There is usually no time limit for court proceedings to be launched for indictable or either-way offences.

Police custody

There are limitations on the amount of time that the police can hold you in custody before a charging decision is made.

The general rule is that the police can only hold you for 24 hours. However, in some circumstances, this could be extended to 36 or 96 hours for a serious crime.

You could be held without charge for up to 14 days if you are arrested under the Terrorism Act.

Bail and released under investigation

There is a limit on how long you can be released on bail for. Pre-charge bail is initially set for three months, and the police can authorise extensions for up to nine months.

There is no time limit for how long you can be released under investigation for.

What happens after a police investigation in the UK?

What happens after a police investigation will entirely depend on the outcome of the case. The police could choose to close the case with no further action, in which case that will be the end of the matter.

However, if a decision has been made to prosecute, the police will send a postal requisition to your home address, which is a letter that requires you to attend Court at a specified time and date.

Are you facing a police investigation?

Being subject to a police investigation, no matter the circumstances is always likely to be an extremely daunting and distressing prospect. Having expert legal advice and representation on your side is absolutely essential.

At JD Spicer Zeb, our criminal defence solicitors have over 45 years of experience in representing individuals accused of a wide range of criminal offences. This experience, coupled with our extensive expertise and collective knowledge, means that we are perfectly positioned to support you if you are concerned about facing a police investigation.

From preparing you for a potential interview, representing you at the police station and advising you on your position after being released under investigation or on pre-charge bail, we will be able to support you with every aspect of a police investigation.

By building the strongest possible legal defence, we can work with you to have your charges dismissed while an investigation is ongoing or, if a criminal trial is launched, help you to achieve the best possible outcome.

We are highly skilled at handling and presenting the various types of evidence which are used during criminal investigations. Our experience ensures that we are able to identify any flaws in case presented against you, as well as highlight any contrasting evidence which supports your position.

We are accredited by the Law Society for Criminal Litigation, and our previous experience means that we are able to clearly demonstrate a strong track record of success that has led us to establish strong relationships with many of the country’s leading criminal defence barristers.

If you are facing a police investigation, we are here to provide you with the support you need.

Related matters:

Fees and funding

We are always open and honest when it comes to handling legal fees.

We can attend the police station with you under the legal aid scheme. Attendances at the police station are non-income tested. This scheme does not extend to meetings with you prior to and after the Police Station attendance at a separate meeting; however, you can pay for this service on a private basis.

If you need to attend court after a police investigation, you may be eligible for Legal Aid Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interest of justice basis.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.       

To find out more about the way we handle fees (both Legal Aid and private fees) please use the links provided below:

Contact our criminal defence lawyers today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide you with the urgent assistance you need.

How can we help?

Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you. 

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED - 

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about  –

  • Whether we can take the case on and our relevant experience.
  • Public and private funding benefits.
  • Assistance in applying for legal aid where we are likely to accept instructions.
  • An outline of options in police interview only. We will not advise you on which option to adopt.
  • Providing our free written guide explaining the police station process.
  • The gravity of routine and day-to-day offences you face.
  • Consequences of not attending the court or police station.
  • Consequences of interfering with any witnesses.
  • Retaining any evidence in support of your case.
  • If possible an outline of the elements of the offence that the police or CPS must prove.
  • This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
  • Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

  • If we do not intend to take the case on.
  • Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
  • In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
  • Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
  • The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
  • The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
  • In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
  • If your relationship has broken down with your existing solicitor or several solicitors.
  • If you have been released under investigation and have already had a police station attendance. 
  • If you hold legal aid with another firm and seek a second opinion.
  • If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
  • To businesses.
  • Advising whether you were given good advice by your other solicitor.
  • Whether to decide to plead guilty or not guilty.
  • Whether you have an arguable defence in law or factually complicated defences.
  • Any advice you have had after your first court appearance.
  • Any advice on appeal on conviction or sentence.
  • If we feel we are unable to communicate with you.
  • If we are likely to be conflicted or breach our professional rules.