UK (Parliament Politics Magazine) – Advocates call to replace England and Wales’ RUI system, citing multi-year delays in rape cases that harm victims’ wellbeing and leave suspects in uncertainty.
As reported by Hannah Al-Othman of The Guardian, authorities face pressure to scrap the RUI system in England and Wales, after hundreds of suspected rapists remained under investigation for prolonged periods, with critics arguing it serves only the police.
Under the 2017 Policing & Crime Act, RUI allows police to keep suspects free while under investigation, bypassing usual bail rules and deadlines. Many suspects now face investigations lasting years, with no legal deadlines forcing police to make charging decisions.
What did campaigners and experts say RUI harms rape survivors and justice?
Campaigners are calling for an end to the RUI system, stating that it generates confusion and distress for both those accused and survivors. They argue that lengthy court delays can worsen the situation, causing crucial evidence to weaken or disappear, and leading some victims to abandon their cases, which significantly undermines the efficiency and fairness of the justice system.
Rape and sexual assault investigations remain challenging, as they often lack physical evidence, forcing authorities to rely heavily on the victim’s testimony.
In a recent review of the criminal courts, a retired senior judge who is the current Investigatory Powers Commissioner, Sir Brian Leveson, urged the termination of the RUI system, citing inefficiency and uncertainty. Campaigners have supported his recommendation, urging the government to act.
Mr Leveson recommended that suspects return to conditional or unconditional bail, restoring the system in place before 2017.
Maxime Rowson, chair of policy and public affairs at Rape Crisis England and Wales, said,
“Our Rape Crisis centres work closely with thousands of survivors of rape and sexual abuse who experience the devastating consequences of prolonged police investigations.”
She stated,
“The use of release under investigation leaves known abusers free of restrictions while survivors wait months or even years for police investigations to progress.”
“Those long, uncertain waits can be re-traumatising, they put survivors and others at further risk, and they may undermine the evidence these cases rely on as memories fade over time. When you add police delays to the delays caused by the crown court backlog, survivors are being asked to endure a process that no longer resembles a functioning justice system,”
Ms Rowson added.
Rights of Women barrister Hannah Couchman criticized the system, saying it
“doesn’t serve anyone’s interests apart from the police.”
“We are really shocked and concerned to see how regularly released under investigation is being used essentially as an alternative to bail, but with fewer safeguards, with less oversight, less scrutiny, less opportunity to consider the rights of both the victim and the suspect,”
she stated.
Ms Couchman argued that the system
“allows the police to get off the hook because they don’t have to bother thinking about bail conditions, which leaves victims unprotected and leaves suspects in a situation as well where they’re not sure what they are and are not allowed to do.”
She added,
“It means that victims might bow out of the entire criminal justice process because the delays are so significant.”
Andrea Simon, the director of the End Violence Against Women Coalition (EVAW), said,
“We’ve seen a dramatic fail in the use of bail in rape, domestic abuse and harassment and stalking cases, and a corresponding increase in use of released under investigation since the law change in 2017.”
She stated,
“Investigations stretching across several years is an unacceptable state of affairs, causing survivors immense harm and trauma, and creating prolonged uncertainty for all involved.”
Ms Simon continued,
“There is an urgent need for the police and CPS to work together to improve the timeliness and quality of charging decisions. Victims of rape and sexual violence are already having to shoulder the longest delays to their case compared with other crime types in light of the crown court backlog. The impact of this on their mental and physical wellbeing cannot be overstated.”
How many rape suspects remain released under investigation for years?
Data received through freedom of information requests from police forces and reported by the Guardian showed that more than 1,800 individuals reported for rape have remained released under investigation for at least three years, with close to 800 of those cases initiated in either 2020 or 2021.
Since not every police force responded fully to the request, the real total is likely significantly higher than reported.
How did the Home Office respond to calls to scrap RUI?
A Home Office spokesperson said,
“This government is committed to halving violence against women and girls in a decade. We will deliver a cross-government strategy which will set out concrete action to pursue perpetrators, support victims, and prevent these crimes from happening in the first place. We are considering the recommendations set out by Sir Brian Leveson in part One of his review.”
What is the RUI law in the UK?
In the UK, “RUI” stands for Released Under Investigation. It is a procedure introduced under the Policing and Crime Act 2017.
The law means that when a suspect is arrested and interviewed by the police, but there is not yet enough evidence to charge them, they may be released while the police continue their inquiries. Unlike release on bail, RUI does not impose strict conditions or restrictions on residence or contact with others.
Campaigners are urging authorities to scrap the system, calling for urgent reforms to protect both victims and suspects.
