Status and stages
What an allegation status means in official processes
Short answer
- Presumption of innocence
- Until proved guilty according to law 1
- EU rule for officials
- No public reference to a suspect as guilty before guilt is proved 2
- FCA warning notice
- Not the final decision of the FCA 3
- Commons inquiries
- Names of MPs under investigation are published, with the rules allegedly breached 4
- SEC investigations
- A person may submit a written statement before staff recommend a case 5
Why status matters
The same facts can be at very different stages. An allegation can be a claim in a complaint, a matter under investigation, a formal charge or a finding after a hearing. Each stage has a different legal effect. The European Convention on Human Rights says everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law 1.
The EU presumption of innocence directive goes further for officials. Public statements by authorities, and judicial decisions other than those on guilt, must not refer to a suspect or accused person as guilty 2. EU member states had to apply the directive by 1 April 2018 2.
Common stages in criminal cases
- Complaint or report: a claim reaches police or a prosecutor. No legal test has been applied.
- Arrest or summons: in England and Wales this makes proceedings active for contempt purposes 6.
- Charge: a prosecutor applies the realistic prospect of conviction test and the public interest test 7.
- Trial and verdict: in England and Wales a court may convict only if it is sure of guilt 7.
- Discontinuance: proceedings end if the charge is withdrawn or a nolle prosequi is entered 6.
Common stages in regulatory cases
Financial regulators use their own labels. At the UK Financial Conduct Authority, a warning notice sets out proposed action, and the subject can make representations to the Regulatory Decisions Committee 3. A decision notice follows if the FCA decides to act, and a final notice is issued when it takes action 3. The FCA may publish details of a warning notice in a statement 3.
At the US Securities and Exchange Commission, people involved in an investigation may submit a written statement of their position 5. On request, staff may tell them the general nature of the investigation 5. If staff recommend a case, the Commission receives the statement with the staff memorandum 5. A settled SEC case does not usually include an admission, and since 18 May 2026 settling parties may publicly deny the allegations 8.
Common stages in parliamentary standards cases
In the UK House of Commons, the Commissioner for Standards opens an inquiry only where there is sufficient evidence to justify one 4. The Commissioner publishes the names of MPs under investigation with brief details of the rules allegedly breached 4. That listing is a status, not a finding. Outcomes are no breach, rectification, or referral to the Committee on Standards 4.
Allegations of bullying, harassment or sexual misconduct go through a separate confidential scheme, the Independent Complaints and Grievance Scheme 9.
Status words at a glance
| Status | What it means | Example |
|---|---|---|
| Under investigation | A body is examining the allegation 4 | MPs listed by the Commons Commissioner 4 |
| Warning notice | Proposed action, not a final decision 3 | FCA 3 |
| Charged | A prosecutor applied the charging test 7 | CPS, England and Wales 7 |
| Settled | Case ended on agreed terms, usually without admission at the SEC 8 | SEC 8 |
| Finding or decision | The body has ruled on the allegation 4 | Committee on Standards 4 |
Common questions
Does being under investigation mean someone did wrong?
No. An investigation is a status, and the presumption of innocence applies until guilt is proved according to law 1.
Is an FCA warning notice a finding?
No. The FCA says a warning notice is not its final decision 3.
Does the House of Commons say who is under investigation?
Yes. The Commissioner publishes names with brief details of the rules allegedly breached 4.
Can an SEC settlement include a denial?
Since 18 May 2026 settling parties may publicly deny the SEC's allegations 8.
Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@allegationindex.org.
Sources
- European Court of Human Rights: European Convention on Human Rights
- EUR-Lex: Directive (EU) 2016/343 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (9 March 2016)
- Financial Conduct Authority: Enforcement
- UK Parliament: Procedural Protocol in respect of the Code of Conduct (24 February 2023)
- eCFR: 17 CFR 202.5, Enforcement activities
- legislation.gov.uk: Contempt of Court Act 1981, Schedule 1
- Crown Prosecution Service: The Code for Crown Prosecutors (26 October 2018)
- U.S. Securities and Exchange Commission: SEC Rescinds Policy Regarding Denials of Settlements in Enforcement Actions (18 May 2026)
- UK Parliament: Allegations and complaints against MPs
Related
- Allegation, charge and finding: three different stages
An allegation is a claim, a charge is a formal accusation by a prosecutor, and a finding is a decision by a court or tribunal. How each stage works in law.
- Standards of proof compared across courts and other bodies
Beyond reasonable doubt, balance of probabilities, clear and convincing evidence and the tests prosecutors and parliaments use, with the law.
- Upheld, not upheld, withdrawn and dismissed explained
What it means when a complaint is upheld or not upheld, when a charge is withdrawn or discontinued, and when a case is closed with no action.
- Settled without admission of wrongdoing, explained
What it means when a regulator settles a case without an admission, how the SEC and FCA settle, and the 2026 end of the SEC no-deny policy.
- Sub judice and contempt of court rules compared
How the UK, Australia, Singapore, India, Canada and the US limit reporting on pending cases, with the tests, timing rules and penalties set out in law.