CRIME
Police Investigation Failures And Your Rights
According to the briefing paper “Police powers: an introduction” published in the House of Commons Library, the UK’s police service exists to “protect the public by detecting and preventing crime”.
The paper goes on to explain that “the use of police powers must be compatible with human rights and equalities legislation. Police personnel are individually responsible for ensuring their use of their powers is lawful, proportionate and necessary”.
Of course, the majority of the UK public understands that the police have a duty to keep them and their communities safe. This is why it can be exceptionally frustrating and distressing to be a victim in a case marred by police investigation failures. UK law states, however, that there are certain circumstances under which you may hold the police accountable for negligence of this kind.
It’s vital to know your rights when it comes to police duty to investigate crime. That’s why the specialist solicitors at DPP Law have created this useful guide. Read on to learn about the actions you can take if you feel the police have failed to conduct a proper investigation into a crime that directly affects you or your loved ones.
What are the police’s responsibilities when investigating a crime?
Under the Criminal Procedure and Investigations Act 1996 (CPIA), the police are required to “identify and follow all reasonable lines of enquiry to gather all reasonably available material and, where a suspect is identified, investigate towards and away from the suspect”.
They must also “treat victims with fairness and respect, and ensure that they are afforded their rights under the Victims’ Code”.
The phases of a standard police investigation are as follows, according to the UK College of Policing:
- “Disclosure and case file quality
- Supervision
- Investigation (including instigation, initial investigative actions, investigation evaluation, suspect management, evidential evaluation, case file progression, criminal justice outcomes and further investigation)
- Victim care and support
- Managing threat, risk and harm to victims, witnesses, suspects and the wider public”
Investigators are required to ask the questions “who, where, what, when, why and how” in relation to the suspected crime that is currently under investigation, and to follow the “ABC” of proper evidence collection: “Assume nothing, Believe nothing, Challenge everything”. The exercising of “professional curiosity” is also considered to be a key component of any police investigation. The College of Policing lists the following as important elements of this:
- “Exploring and understanding what is happening by asking questions
- Not accepting things at face value
- Enquiring more deeply and challenging one’s own assumptions
- Thinking outside the box and being prepared to challenge conventional thinking
- Being alert to relevant material or information and exploiting digital opportunities
- Looking for – and considering – alternative explanations
- Considering a situation holistically, identifying gaps in knowledge or understanding, and seeking to fill them, recognising that victims of certain crimes may be unwilling to give a full account or may minimise the seriousness of an incident
- Thinking beyond past experiences
- Seeking input from others
- Seeking corroboration and testing material
- Being open to change – for example, in relation to who is the victim and who is the
suspect”
If you feel that any of the above methods have not been properly applied to your case, or have even been overlooked in their entirety, you may be within your rights to make a complaint, or even to pursue legal action against the police.
Common reasons why police investigations fail
It is not uncommon for UK police investigations to fail. This may happen for a number of reasons – the most frequently reported being:
- Insufficient evidence
- Procedural errors
- Lack of resources
- Bias
Depending on the circumstances, any one of these reasons may prove sufficient for you to make a claim on the basis of police negligence.
For example, say you have access to strong evidence that could be useful to an investigation and have made clear attempts to notify the police of this, only to be turned away or ignored. If the investigation is then terminated due to a lack of said evidence, you may well be able to make a claim if you have sufficient proof.
The same may apply if you can demonstrate that there were glaring mistakes made as a result of officers assigned to your case failing to properly follow procedure, that insufficient resources were provided despite their availability, or that there is evidence of obvious bias or prejudice against yourself or others involved in the case.
What to do if the police won’t investigate a crime properly
If you feel that the police are refusing to launch a suitably thorough investigation into a crime you have reported, or that a case in which you are involved has been unfairly or prematurely dropped, your first step should always be to raise these concerns by making an official complaint.
Complaints can be submitted via the contact form on the Independent Office for Police Conduct (IOPC) website.
According to the IOPC, an official complaint made to the police may lead to the relevant force:
- Providing information or explanation
- Offering advice and identifying training needs via a supervisor
- Giving an apology on behalf of the force
- Instructing an officer to reflect on their performance with their supervisor and take action
- Changing policies or procedures
It is also possible that no action will be taken, and it’s worth noting that the police do not investigate every complaint. Compensation will not be offered via this route.
Your final option – and the only way to seek financial compensation – is to make a legal claim. You can do this by instructing a trusted solicitor’s firm with a strong track record of actions against the police, such as DPP Law.
We recommend lodging an official complaint with the police before making your claim, as doing so will create something of a paper trail and will help you to prove that you have been working to make the police aware of the relevant issues for some time.
Can you challenge a police decision?
If the police have decided not to pursue or investigate a crime that you have reported, or you feel that a case in which you are involved has been prematurely closed, you may be able to exercise the Victim’s Right to Review (VRR) by contacting your local Crown Prosecution Service (CPS) office.
This only applies to cases dropped before any charges have been brought, or where a court case is terminated partway through proceedings.
While there is no guarantee that the investigation or legal process will be reinstated as a result of you exercising this right, it is usually the best way to push for a decision to be reconsidered.
To invoke this right, it is best to request a review within 10 days of being notified of the decision in question. It is possible to make this request within three months (or even more under specific conditions), but delayed action may result in a less favourable outcome.
DPP Law’s solicitors can help you to challenge police decisions in this way.
Can you take legal action against the police?
As long as you are able to collect evidence to prove that the police have failed to meet their obligations when undertaking an investigation that affects you or someone on whose behalf you are acting, and/or that the investigation was prematurely or unfairly terminated as a result, you may well have grounds to make a claim.
Due to the position of the police as a public authority, the most effective way to back up a case of this kind is often to demonstrate that the actions of the police were in contravention of your rights under the Human Rights Act.
This is likely to apply in cases where there is clear evidence of bias against you, and that this led to the investigation being dropped unfairly – or where you were the victim of excessive force, false or unlawful arrest/imprisonment, inhumane treatment while in custody or physical violence in spite of your compliance before, after or during the course of the investigation.
How much compensation will I get?
The amount of compensation you may receive as a result of successfully taking action against the police will vary depending on the nature of the complaint and the financial scale of any physical damage caused.
For example, if your property has been damaged during the investigation process, it may be that you are compensated to cover the cost of rectifying that damage.
If you have had to take time off work due to a physical injury or psychological issue resulting from an error in the investigation, any amount lost as a result, and any costs incurred through rehabilitation, may be reclaimed through compensation. You may also be able to claim for emotional distress resulting from police negligence.
You can discuss potential levels of compensation with the solicitors representing you throughout the proceedings.
If you believe that the police have failed to properly investigate a crime that has directly affected you and your loved ones, we strongly advise getting in touch with our legal specialists as soon as possible. DPP Law can help you to lodge a complaint and pursue a legal claim, assisting you in gathering evidence, representing you in a court of law where required and helping you to exercise your Victim’s Right to Review if needed.
Contact our team today. We will be more than happy to provide any assistance you require.
