One of the most difficult aspects of being under criminal investigation is the uncertainty around what happens next.
A common question people ask is: How long do the police have to decide whether to charge you?
In many cases, there is no clear deadline. This means individuals can remain under investigation for months, or even years, without knowing whether they will face criminal charges.
This guide explains how charging decisions are made in England and Wales, whether any time limits apply, and what you can do if your case is taking too long.
Who Decides Whether You Are Charged?
In England and Wales, the decision to charge depends on the seriousness of the alleged offence.
For less serious offences, the police may make the charging decision themselves. However, for more serious allegations, including sexual offences and domestic abuse, the decision is made by the Crown Prosecution Service (CPS).
The process works as follows:
- The police investigate the allegation and gather evidence
- A case file is submitted to the CPS
- The CPS reviews the evidence and decides whether to authorise a charge
This separation is designed to ensure that charging decisions are made independently and in accordance with legal criteria.
Is There a Time Limit on Charging Decisions?
In most cases, there is no fixed time limit for the police or CPS to make a charging decision.
This is one of the most important points to understand.
For serious offences, such as sexual offences or domestic abuse, investigations can remain open for extended periods while evidence is gathered and reviewed.
The only exception applies to certain summary-only offences, which generally must be charged within six months of the alleged incident.
However, the types of cases typically handled by Eventum Legal are either-way or indictable offences, meaning they are not subject to this six-month time limit.
Why Do Charging Decisions Take So Long?
Charging decisions can take time because of the complexity of modern investigations.
Common reasons for delay include:
- Analysis of digital evidence (phones, messages, devices)
- Requests for third-party material, such as medical or social services records
- Waiting for expert reports or forensic analysis
- Additional enquiries requested by the CPS
- Backlogs within the criminal justice system
In serious cases, particularly those involving sexual allegations, prosecutors must carefully assess both evidence and legal guidance before making a decision. While this is intended to ensure fairness, it often results in longer investigation periods.
What Happens After a Police Interview?
After being interviewed, a suspect will usually be released in one of two ways:
Pre-charge bail
This involves being released with conditions and a return date. Bail is subject to time limits and review periods.
Release under investigation (RUI)
This means you are released without conditions and without a fixed return date.
RUI is particularly important because it has no strict time limits, meaning investigations can continue indefinitely without formal updates.
If you want to understand this stage in more detail, you can read our guide on being under investigation in the UK legal system, which explains how cases progress before a charging decision is made.
Can the Police Keep You Under Investigation Indefinitely?
While there is no formal time limit, the police are required to conduct investigations diligently and without unnecessary delay.
In practice, however, individuals can remain under investigation for long periods—particularly where RUI applies.
If a case appears to be progressing slowly, legal representatives can:
- Request updates from investigators
- Challenge delays
- Push for a charging decision
At Eventum Legal, we regularly monitor investigations and take proactive steps to ensure cases do not drift unnecessarily.
The Legal Test for Charging Decisions
When the CPS considers whether to charge, it applies the Full Code Test set out in the Code for Crown Prosecutors.
This involves two stages:
Evidential stage
There must be sufficient evidence to provide a realistic prospect of conviction.
Public interest stage
It must be in the public interest to prosecute the case
If either stage is not satisfied, the CPS should not authorise a charge.
In many cases, the CPS will request further evidence before making a final decision, which can extend the investigation timeline.
Can a Solicitor Influence a Charging Decision?
Yes, and this is one of the most important aspects of the pre-charge engagement stage.
Through pre-charge representation, defence solicitors can engage with the police and CPS before a charging decision is made.
This may involve:
- Highlighting evidential weaknesses
- Challenging inconsistencies
- Providing alternative explanations
- Making formal representations to the CPS
In some cases, this can result in a decision of no further action, avoiding court proceedings altogether.
If you are facing allegations, you can learn more about your options by visiting our page on sexual abuse allegations defence solicitors, which explains how specialist representation can support your case.
What Happens If You Are Charged?
If the CPS authorises a charge, the case moves into the court process.
You will be required to attend court, and the case will follow formal procedures and timelines from that point onwards.
If you are already at this stage, you may find it helpful to understand what happens next. Our guide on what happens at a pre-trial review explains how cases are prepared before trial.
What Happens If You Are Not Charged?
If the CPS decides not to charge, the case is usually closed with a no further action (NFA) decision.
While this brings relief, it is important to note that cases can sometimes be reviewed if new evidence emerges.
Your Rights While Awaiting a Charging Decision
While under investigation, you have important legal rights, including:
- The right to legal representation
- The right to fair treatment
- The right to challenge unreasonable delays
You are not expected to navigate this process alone. Legal advice can help you understand your position and ensure your case is handled properly.
How Eventum Legal Can Help
Eventum Legal provides specialist defence for individuals under investigation for serious allegations, including sexual offences and domestic abuse.
We advise clients from the earliest stages of a case, including before police interviews, and remain actively involved throughout the investigation.
Our focus is on:
- Protecting your rights
- Challenging evidential weaknesses
- Influencing charging decisions
- Ensuring investigations progress fairly
We understand the impact that prolonged uncertainty can have and work to provide clear, strategic support at every stage.
Speak to Eventum Legal Today For Legal Support
There is no simple answer to how long police have to make a charging decision. In many cases, there is no fixed deadline, and investigations can take significant time.
However, early legal advice can make a meaningful difference.
If you are under investigation or awaiting a charging decision, our team can provide confidential guidance and help you understand your options.