Freddie Starr has been arrested for a fourth time by detectives investigating allegations of sexual abuse as part of Operation Yewtree.
The comedian was arrested on Wednesday after returning to a police station to answer bail. He was later re-bailed.
Mr Starr, 70, from Warwickshire, who was first questioned in November 2012, has always denied any wrongdoing.
His lawyer says he will now file a High Court application for judicial review over the conduct of the police and CPS.
Dean Dunham said his client had been told a charge or release decision would be made by Wednesday at the latest, but instead he was bailed again until April.
Mr Starr was first arrested in November 2012 over allegations linked to Jimmy Savile, and has been arrested another three times over additional claims that have no link to the late DJ.
Mr Dunham said: "In January 2014 we wrote to the police and Crown Prosecution Service to express concern for the amount of time that the investigation was taking and to put them on notice that we believed that the decision to keep Mr Starr on bail was unlawful.
"Both the police and CPS responded by saying that a decision whether to charge or release would be forthcoming by 12 February 2014, at the latest.
"We are therefore disappointed that this has not transpired and as such Mr Starr will now be filing an application in the High Court for judicial review in relation to the conduct of the police and CPS."
Operation Yewtree is an inquiry into allegations of historical sexual abuse linked to the entertainment industry.
It was launched in 2012 after it emerged the late BBC Radio One DJ and television presenter Jimmy Savile had abused hundreds of young people and children over more than five decades.
The operation has three strands. One concerns Savile's crimes exclusively, while a second relates to allegations against Savile and others.
The third strand termed "others" concentrates on accusations which emerged as a result of the publicity surrounding Savile but which are unconnected to him.
Police did not name Mr Starr, but released a statement that said the latest arrest had been under the strand of the investigation termed "others".