Charging decisions, one of the most challenging aspects of being under criminal investigation is the uncertainty that surrounds it. Individuals who have been arrested or interviewed by the police often ask how long the authorities have to decide whether to charge them.
In many cases, the lack of clear timeframes leads to prolonged stress and disruption in both personal and professional life.
This article explains how charging decisions are made in England and Wales, including whether there are time limits on police decision-making, and what legal rights apply during an investigation.
Who Decides Whether a Person Is Charged?
In England and Wales, the decision to charge a suspect depends on the type and seriousness of the offence.
For most serious offences, including sexual offences and domestic abuse, the charging decision is made by the Crown Prosecution Service rather than the police.
The police are responsible for investigating the allegation and gathering evidence. Once they believe the investigation is complete, they submit a case file to the CPS. The CPS then decides whether a charge should be authorised.
Is There a Time Limit on Charging Decisions?
In most cases, there is no fixed legal time limit requiring the police or CPS to make a charging decision within a set period. This means that investigations can remain open for many months or even years, particularly in complex cases.
Time limits do exist for certain summary-only offences, which must usually be charged within six months of the incident.
However, offences commonly dealt with by Eventum Legal, such as sexual offences and domestic abuse, are indictable or either-way offences and are not subject to these deadlines.
The Legal Test Applied by the CPS
When considering whether to charge, the CPS applies the Full Code Test, as set out in the Code for Crown Prosecutors. This involves assessing whether there is a realistic prospect of conviction based on the available evidence and whether a prosecution is in the public interest.
If either element of the test is not satisfied, the CPS should not authorise a charge. In many cases, the CPS will request further enquiries from the police before reaching a final decision, which can significantly extend the timeline.
What Happens After a Police Interview?
After a suspect has been interviewed, they may be released on bail or released under investigation. Release under investigation, commonly known as RUI, has become increasingly common in severe cases.
RUI does not impose a time limit on the investigation. Unlike police bail, it does not require regular review dates, which means individuals can remain under investigation for long periods without formal updates.
This lack of structure often leads to frustration and uncertainty. Specialist legal advice can help ensure that investigations are progressed appropriately and that delays are challenged where necessary.
Why Charging Decisions Take So Long
Charging decisions are often delayed due to the complexity of evidence. Digital forensic analysis, third-party disclosure requests, and expert evidence can all take considerable time. In addition, CPS workloads and national backlogs can contribute to delays.
In cases involving sexual offences or domestic abuse, prosecutors are required to consider detailed guidance and ensure that decisions are robust. While this is intended to promote fairness, it often results in lengthy investigations.
Can the Police Keep You Under Investigation Indefinitely?
Although there is no formal time limit, police are under a duty to conduct investigations diligently and without unnecessary delay. If an investigation appears to be stalled, legal representatives can contact the police to request updates and challenge inactivity.
At Eventum Legal, we regularly monitor the progress of investigations on behalf of our clients and make representations to ensure that cases are not allowed to drift unnecessarily.
Pre-Charge Representation and Charging Decisions
One of the most effective ways to influence a charging decision is through pre-charge representation. This involves defence solicitors engaging with the police and CPS before a charging decision is made.
Pre-charge representations may highlight evidential weaknesses, legal issues, or alternative explanations that undermine the prosecution’s case. In some cases, this can result in the CPS deciding not to charge.
Eventum Legal specialises in pre-charge representation, particularly in sensitive and complex cases. Early legal intervention can play a crucial role in bringing investigations to a conclusion giving the accused the best chance of avoiding court proceedings altogether.
What Happens If the CPS Authorises a Charge?
If the CPS authorises a charge, the suspect will be formally charged and required to attend court. At this stage, the case enters the court process, and statutory timeframes begin to apply to subsequent stages of the proceedings.
If the CPS decides not to charge, the case will typically be closed with a decision of ‘no further action’. While this provides relief, it does not always prevent a case from being reviewed if new evidence emerges.
Your Rights While Awaiting a Charging Decision
While under investigation, you have the right to legal representation, the right to be treated fairly, and the right to challenge unreasonable delays. You are not required to accept prolonged uncertainty without support.
Legal advice can help you understand the current stage of your case and identify the necessary steps to move it forward.
How Eventum Legal Can Help
Eventum Legal provides specialist defence for individuals under criminal investigation for sexual and domestic abuse. We advise clients from the earliest stages, including before police interviews, and remain actively involved throughout the investigation.
Our focus is on protecting our clients’ rights, challenging evidential weaknesses, and seeking timely and fair charging decisions. We understand the strain that prolonged investigations place on individuals and work to provide clear guidance and strategic support.
Work With Eventum Legal Today. Give Us A Call
There is no simple answer to how long police have to make a charging decision. In many serious cases, there is no fixed deadline, and investigations can take a significant amount of time.
Understanding the process and obtaining early legal advice can make a substantial difference. With specialist representation, it is often possible to influence the course of an investigation and reduce unnecessary delay. Eventum Legal is committed to guiding clients through this process with expertise, discretion, and care.