Investigation and Charge for an Offence

Originally written by Dave Howell, updated by the editorial team on 8th July 2026

How the police investigate crime

The police have legal powers that allow them to investigate offences. These include powers to search people and property, seize evidence, and make arrests. How these powers are used depends on the nature of the alleged offence and the circumstances.

If you become involved in a criminal matter, whether as a witness, a victim, or a suspect, there are rules and guidelines the police must follow. These exist to protect your rights throughout the investigation process.

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Giving a statement as a witness or victim

If you have witnessed a crime or been a victim of one, the police will usually ask you to give a statement. This is a written account of what you saw or experienced, and it forms part of the evidence the police gather during their investigation.

A police officer will ask you questions and write down your answers, or you may be asked to write the statement yourself. The officer will then read it back to you, or ask you to read it over. If you are satisfied that everything is accurate, you will be asked to sign it.

In some cases, the police may ask you to do more than give a statement. You might be shown photographs or CCTV footage to see if you can identify anyone. You could also be asked to visit the location where the offence took place, in case being there helps you remember further details.

After your initial statement, the police may contact you again with follow up questions as their investigation develops. You can ask for a copy of your statement, though this may not always be provided if it could compromise the ongoing investigation. If you remember something new later on, you can contact the officer handling the case to provide additional information.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

What happens if you are a suspect

If the police believe you may have committed an offence, they can ask you to attend the police station voluntarily for an interview. Alternatively, they may arrest you if they have reasonable grounds to do so.

When you are arrested or interviewed under caution, you have the right to free legal advice. This applies whether you are at a police station or elsewhere. You can request a solicitor at any time, and the police must inform you of this right. If you do not have your own solicitor, you can ask for the duty solicitor, who provides free independent legal advice.

During an interview, you will be cautioned. This means you do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence. A solicitor can advise you on how to approach the interview and what your options are.

The police can hold you for a limited time before they must either charge you, release you on bail, or let you go without charge. For most offences, this is up to 24 hours. A senior officer can authorise detention up to 36 hours, and a magistrates' court can extend this to 96 hours for serious arrestable offences.

Being charged with an offence

If the police decide there is enough evidence, they may charge you with an offence. The test for charging requires both a realistic prospect of conviction and that prosecution is in the public interest. For more serious offences, the Crown Prosecution Service reviews the evidence and makes this decision. For some lesser offences, the police can charge without CPS involvement.

Once charged, you will be given a charge sheet that sets out the offence and the date you must appear in court. Depending on the nature of the offence, you may be released on bail with conditions, or you may be kept in custody until your court appearance.

If you are not charged, you may be released without further action, or released on bail while the police continue their investigation. In some cases, instead of charging you, the police may offer an out of court disposal. These include cautions, penalty notices for disorder, and restorative justice measures, depending on the circumstances and the seriousness of the alleged offence.

For detailed information about your rights during arrest and detention, you can visit GOV.UK or consult PACE Code C, which sets out the rules governing detention and questioning. You can also contact a solicitor for advice specific to your situation.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Rights on Arrest Checker lets you if you or someone you know has been arrested or questioned by police, find out your rights, what to expect at the station, and what happens next. Try it now →

29 questions

Ask Courtroom Advice a Question

Olly 15/10/2020 at 2:40 pm

I am taken into custody and at the booking in and processing initial stage. I say, please can we deal with this in less than hours reaching double figures and I am guilty of possessing five pounds woth of cocaine and will admit this in interview.
They'res no witnesses, home searches or anything else to be done. I'm still locked up for 13 hours and then given a caution.
Why is it always this way for simple cases ?

Jas 21/01/2020 at 9:20 pm

Police called me starting someone had reported me running a red light but I’m 90% sure I never & didn’t accept the charge.
They have 1 witness that said I did this but no video evidence!
All I remember was the person in the middle of the crossroads walking diagonally waving their arms! I thought nothing of this as I believed it was my right of way!
The road leading to this junction is long & can see the traffic lights from a good distance away!
Seems like it’s such a waste of police time

Dar 21/12/2019 at 8:15 pm

Im 36 year old from Bulgarian nationality and i aplied for setled status!when i got answer im on ongoing investigation or prosecution for drug posesion from 11/11/17 basicaly two years ago!!i recall one night police came to our flat and we are caught with somme amphetamine personal use!!!house was searched but no arest made!!!what should i do?!

Billyman 15/09/2019 at 4:17 pm

I was invited to a voulntrey interview by the police last year because my ex girlfriend said I had rapped her through out the relationship I was with her for 5 year but when i was questioned the police told me they had been investagting it for over a year it's been over 12 month since I was questioned and I havent herd anything back the police did not arrest me but the last I heard my mam phoned the officer up and he told her they are investagting her now ... what are the chances of it going to court

Smiley 22/08/2019 at 10:23 am

Just over 2 years ago someone pulled my hair and wouldnt let me leave her house. I had had a lot to drink but thought i could get out the window and i didnt feel safe and comfortable enough to stay and she wouldnt let me out anyway, i fell and smashed my face lost my front tooth fractured another, bashed my face up , and my legs were swollen and saw. It would all never have happened if she just let me out in the first place. The nxt day when i left hospital and went to get my stuff she verbally abused me the whole time. I had loss of earning and ive had to pay alot of money to get my teeth fixed. Does anyone think i have a case? Many thanks

man 18/05/2019 at 11:12 pm

I been scamed how do i prove my innocent

man 18/05/2019 at 11:10 pm

I been scamed how do I prove my innocent ? Please help me

Mum 28/04/2019 at 7:14 pm

My 19 year old son was driving a car around 28th Dec 2018 which he wrote off by hitting a wall. The car wasn’t his, had no tax, no insurance and although wasn’t stolen was owned by a 16 year old. My son also had no license or insurance. He was also under the influence of cannabis. My son called an ambulance at the scene as he and a passenger had minor injuries. Ambulance and police arrived at the scene and took them to hospital where my son had a blood test requested by police to test for drug driving. He’s heard absolutely nothing since and it was 18 weeks ago. He was not charged with anything at the time or made to give a statement. My question is: is there a legal timeframe for the police to charge him? He was mortified by the incident and wants to get on with his life but not sure if he can now continue with driving lessons etc??

RAYNA 16/04/2019 at 11:14 pm

My dog reacted to a neighbour waving a bag of rubbish at her and when a glass jar smashed at her feet she jumped forward and nipped the woman. The same day the police came and took her and I made a statement. The police have so far taken over seven weeks with little useful information or updates. I am concerned that they are dragging this out blaming cutbacks and the availability of the officer to carry out his duties. CPS have requested more info but it is slow. How long can the investigation take if witnesses are not providing the 'additional' information? My dog is old and will not understand why she has been languishing in kennels for over 7 weeks. I only got senior officer responses because I complained using an online Met. update form. How long can this drag on for

Scorpio 02/10/2018 at 8:55 pm

My 17 year was assaulted by two 18year old girls bullies she reported the assault to the police they told her to go to police station 48hours after the incident to give a statement which she did.they have told her it could take up to twenty eight days to deal with it is that correct

Tom 07/02/2018 at 8:23 pm

I have been released from prison on a life licence and I have had people Google me and send threats and making aligations against me and the police and probation are punishing me and I am not the one in the wrong but nothing is happening to the people that are majoring these false claims and sending me threats

Raydv Editor 28/11/2017 at 2:59 pm

@Snowy - how long is a piece of string....CPS can take ages to come to a conclusion. Spice, though.... not nice.

Snowy 26/11/2017 at 3:15 pm

My husband was arrested in may this year for intent to supply hmp he admitted everything they released him under investigation were now at the end of November how long will this take being as he admitted to it straight away. The drug was 2oz of spice

DaNN Editor 02/11/2017 at 3:43 pm

@Bucklebags - it can take ages to investigate a crime, to interview people, get all the stories, look at CCTV footage on the night, etc.

Bucklebags 31/10/2017 at 6:21 pm

My friend and I were at a club where someone started on my friend! I was in a different part of the building and wasn't aware of the altercation that happened Between them! The girl was apparently shouting and screaming at my friend and when I arrived on the scene the girl was going crazy trying to attack me as soon as I appeared. I noticed she had a small cut on her face She was being held back by 2 guys so we never made contact with each other! That night me and my friend were both arrested my friend for ABH and me for common assault! We spent 14 hours in a cell I didn't know why until I was interviewed the next day why I was even there! Turns out the girl said my friend glassed her and I punched her! This did not happen and there is cctv to show I didn't hit anyone! I was not there when she had the altercation with my friend even though she said I was? I was released pending investigation but this is now 4 weeks later and I've heard nothing! There was also an independent witness there that we can't track down who can verify my story! I also have a clean record. Why is it taking so long?

Nelly 19/10/2017 at 3:45 am

If a theft of a good deal of money was reported to police n I gave a witness statement n bsnk statements n text messages admitting this person has took money from a pensioner with dementia, would my evidence be enough to charge. It’s been referred to cid approx 6 weeks ago for safeguarding n further investigation can I complain about the length of time it’s taking to charge this person. As the victim is 83 n by time she’s chsrged n made to pay it back is he even going to still be alive. Can we ask the courts should he pass away before she’s psid it all bsvk can it then be paid to his son whom would’ve got it all anyway in his dads will had itnot been stolen from his bsnk

TRB Editor 04/07/2017 at 3:19 pm

@Han - it will help. But if he's committed a crime he will be punished for it as otherwise every person who committed a crime would turn their lives around if they thought they could avoid prison. He might get a suspended sentence you don't know, it all really depends on how much he was intending to supply etc.

Han 20/06/2017 at 1:57 pm

My partner was arrested in November for intent to supply, he was then released I thought charge. 9 months later they've charged him to crown court. We've now got a baby on the way & he's started his own business .. their just dragging him back into that world. He's so depressed over it all. We just feel like there's no way to escape now. What are we supposed to do? Will it go in our favour that things are not the same.

Christoffee 06/04/2017 at 2:51 pm

Police apparently opened up an investigation into an allegation of some sort made by my daughter in December 2016. Local police force have not contacted me but local authority claim they are investigating me. I have contacted the relevant police force on a number of occasions within these four months but still no response from them. I had a criminal solicitor contact them to which an email was sent out stating they don't want to speak to me but then 2 weeks later the investigating officer went back out to speak to my daughter 4 months after the apparent allegation. Bearing in mind my daughter is 5 years old now. Firstly how long can they claim to investigate me for? Secondly can they legally leave four month gaps between questioning a 5 year old child? Thirdly can I claim this to be emotional torture due to the mental health implications it has had on myself? Or possibly injustice and discrimination?

CourtroomAdvice Editor 10/03/2017 at 11:19 am

According to the CPS: 'The police will always look for corroboration or supporting evidence (such as medical or scientific evidence, CCTV evidence, or eyewitnesses to events prior to or after the incident) but it is not essential and a prosecution can still go ahead without it. However, the prosecution must always prove the defendant's guilt. Cases may fail because a jury cannot decide between what the victim says and what the defendant says. This is why it is essential to obtain all possible forensic and scientific evidence as soon as possible. The earlier a rape is reported, the higher the chance of this being done, and the higher the chance of building a strong prosecution case.' We cannot comment upon how long this may take as each case is different and has a significant amount of variables to make it impossible to calculate time frames. However, the organisation FASO, will be able to give your friend more information and be able to support him personally with the emotional side of this accusation

Sjj 09/03/2017 at 9:19 am

Hi. A friend of mine has been falsely accused of rape by a very bitter,jealous ex partner.she made the allegation in May 2016.he was interviewed in December 2016. He is at his wits end..talking about suicide etc if they believe her over him and he goes to prison.
I'm just wondering how long the cps and police etc have to investigate before case is dropped as these months are feeling like years and years to him and really affecting his mental health. Many thanks for any information

Sammy 03/12/2016 at 12:30 am

My pertner has been arrested on suspicion of making a threat to kill I was present at the time the phone call was made and he didn't once do this what will happen when the police take him to the station to be questioned and will he be let out n will he be allowed a phone call

CourtroomAdvice Editor 19/10/2016 at 2:24 pm

It may be that investigations are still taking place. However, it is difficult to predict as we don't have the information.

Luz 19/10/2016 at 12:55 am

A friend was caught stealing from work, it was there last day at the job so there wasn't any need to be suspended. However this happened three weeks ago, the police were involve but the suspect hadn't heard anything from the police, why would this be

CourtroomAdvice Editor 25/07/2016 at 12:46 pm

You can see more via the Sentencing Council here. Your daughter's legal representative will also be able to give more of an indication of the seriousness level of the crime committed.

Roy 24/07/2016 at 6:25 pm

My daughter has been commited to crown court for sentence for theft of money. She is very scared and worried. Will she get a prison sentance. She is seeing social services at mo for mental illness and been told to take some time off work.

none 17/11/2015 at 11:14 pm

There was an incident a few weeks ago involving my boyfriend, my sister, my sisters neighbour and myself..there was a bit of a scuffle and my boyfriend and I have done our statements, my sisters been at work and hasn't had time to do hers and now she's apparently wanted and is going to be arrested? We were the victims so surely you can't be arrested for being a victim???

pop Editor 11/09/2014 at 9:38 am

@none, you need to contact police and tell them about this mistake they should then be able to inform you how to get it removed from your record.

none 10/09/2014 at 4:21 pm

I was arrested at my home 13/feb/2007 by murder squad police from London
on suspicion of murder. My partner Eileen Travers was the official police driver
to the Chief Constable Med Hughes, i was also a police support driver. There was a murder in 1977 of a prostitute Jane Macintosh. She sadly met her end at the post house hotel, Bayswater Road London W2. In 1977 i was arrested by police, put on an ID parade and 20 hours later released. End of story. Fast forward to 2010, i paid £10 to SYP and low and behold it stated that i was on bail awaiting trial for the murder of Jane Macintosh, court to be allocated later.
This is quite obviously a mistake (clerical) how can I find out if my record is clean as i wish to do charity work for St Lukes Hospice. Thank you.

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