When Do The Police Stop Investigating A Crime? - Stuart Miller Solicitors

If you have been arrested or interviewed, but not yet charged, you may be wondering how long the police can keep you in a state of suspense before deciding whether to proceed with your case. Waiting in limbo is difficult and the uncertainty regarding the future is likely to be placing pressure on your life, from your work to your family relationships. If you are in this position, you may be reassured to hear that the fact that you are the subject of a police investigation does not necessarily mean that you will be prosecuted.

In 2018, of all the criminal cases investigated by the police, only 9% resulted in a charge being brought.

This article aims to answer your questions regarding your rights in police investigations. We cover what happens in a police investigation, and how long investigations can stay open in the UK. We also look at how you can know if a police investigation has been closed. Finally, we answer the question of whether you can sue the police for failure to investigate a crime.

What happens in a police investigation?

The purpose of a police investigation is to gather evidence to assess whether a crime has taken place. If the police’s investigation suggests that a crime has taken place, the evidence that they gather will be used to support a criminal prosecution.

As part of the process of evidence gathering, the police will collect forensic evidence from the crime scene such as footprints and DNA. The police will take statements from witnesses who have relevant information to offer. Depending on the case, they may collect electronic information, which could be information from electronic devices that have been seized or information held in the cloud. They may also obtain financial information, such as your bank statements. The police have the right to obtain this information directly from the bank with a warrant.

If there is uncertainty regarding the identity of the suspect, identification procedures may be used, such as an identity parade, in which witnesses are asked to identify the suspect.

Most importantly, the police will interview whoever is suspected of the crime. The interview may take place prior to arrest (a voluntary interview), or after the suspect has been arrested. You have the right to obtain legal advice prior to your interview and to have a solicitor present during your interview.

Once the police investigation has been completed, the police will then decide whether to charge the suspect. If the suspect is charged, they will either be released on bail or remanded in custody. If they are not charged, they will be released. If the investigation is ongoing they will either be released on pre-charge bail or ‘released under investigation’.

How long can an investigation stay open in England and Wales?

There is no general time limit for how long a police investigation can stay open in England and Wales. For summary only offences, which are heard in the Magistrates’ Court, the case must be heard within twelve months of the crime. For example, in a case of common assault, if it took place on 1 December, the trial must take place before 1 June. However, for indictable offences, there is no such time limit.

In 2017, the government changed the rules on pre-charge bail through the Policing and Crime Act 2017. The changes restricted the police’s rights to release suspects on bail before they have been charged with an offence. The reason for these changes was a concern that the overuse of pre-charge bail for lengthy periods by the police was inhibiting the civil liberties of suspects. The changes to the law on pre-charge bail mean that:

• An officer of the rank inspector or above must authorise bail.
• The custody officer must be satisfied that releasing the person on bail is necessary and proportionate, having regard to all the circumstances and particularly the bail conditions that would be imposed.
• The suspect can be initially bailed for up to 28 days. The exception to this is serious fraud cases where initial bail can be for up to 3 months. Note that this can be extended for up to three months. Pre-charge bail can only be extended beyond three months with a Magistrate’s Court hearing.

These changes have led to a dramatic decrease in the use of pre-charge bail. However, now, instead of releasing suspects on pre-charge bail, suspects tend to be released under investigation. This means that the suspect has been released with no obligation to return on bail. However, the investigation remains ongoing.

How do you know if a police investigation has been closed?

If you have been released on pre-charge bail, or if you have been released under investigation, the police will notify you if they decide to close the investigation. They may use the term ‘no further action’ (NFA) to describe their decision not to proceed further with the case. If you do not hear anything from the police, you could contact them to enquire as to the status of the investigation.

If you would prefer not to contact the officers involved with investigating your case, you can also submit a subject access request to the police service that investigated the case. A subject access request is a request for all the information held about you by that police force. This record will show if the investigation has been closed. However, if the investigation is ongoing, information regarding that investigation will be withheld from your subject access request because the police are not obliged to release information concerning a live investigation.

Can I sue the police for not investigating something in England and Wales?

The general rule is that you cannot bring a claim in tort (i.e. a civil case) against the police for failure to investigate a crime. This is an issue that the courts have considered many times over the years. The courts are reluctant to impose liability on the police in cases where there has been an omission to act (where they have not done something). The reason given for this is one of public policy, for the fear that claims for failure to investigate would open the floodgates, leading to many thousands of claims against the police lodged in the civil courts. This means that, for example, you cannot sue the police for failing to investigate the theft of your car.

In these circumstances, you could instead lodge a complaint with your local police force. Lodging a complaint would impose a duty on the police to investigate the complaint and the provide you with an explanation of why the crime was not investigated.

However, the exception to the rule that you cannot sue the police for failure to investigate is where there has been a human rights violation. A case in the UK Supreme Court has established that when a human rights violation takes place, the state has to investigate by law. For example, if a person has been killed, the right to life has been violated. If a person has been sexually assaulted, this is a contravention of the prohibition on inhumane and degrading treatment. In these circumstances, the police have an investigative obligation under human rights law.

This obligation involves the police taking all reasonable steps to investigate the crime. It also obliges the police to keep the victim, or their family in the case of bereavement, updated. This obligation arises even if the wrongdoer was not the state. Say, for example, a man murders his wife; the investigative obligation would then arise. A well publicised example of this is the case of John Worboys, who was branded by the press as the ‘taxi cab rapist’. He was eventually convicted of raping and sexually assaulting multiple women whilst working as a taxi driver. However, police investigative failures delayed his apprehension and prosecution, allowing him to commit more heinous crimes of the same type.

In 2018, the Supreme Court held that the police were liable for their failure to investigate.

Therefore, if you have been a victim of a serious crime, and the police have failed to investigate, you may be able to sue the police.

Claims under the Human Rights Act 1998 must be brought within 12 months of the date of the harm. Therefore, if you think that you may have a human rights claim against the police for failure to investigate, you should contact a civil liberties solicitor as soon as possible. Legal cases take time to build, so do not wait until the one year deadline before seeking legal advice.

Where to get further help

If you believe that your rights may have been breached by the police, get in touch with the experts at Stuart Miller Solicitors today. Our team of experienced civil liberties solicitors are here to advise you of your rights. We can explain the police complaints process and inform you regarding whether you have an actionable civil claim. Contact us to arrange a no obligation consultation today.

OUR COMMITMENTS TO YOU:

• Responsive

  A legal expert will consult you within 24 hours of making an enquiry.

• Empathetic

  We will always treat you with trust, understanding and respect.

• Specialised

  Your case will be handled by an expert who specialises in your type of offence.

• Proactive

  We will take early action to end proceedings as soon as it is practically and legally possible to do so.

• Engaged

  You will be kept updated on your case at all times. We will provide a named contact available to answer your questions.

• Caring

  We understand this is a difficult and stressful time for you and your family. Our team will support you every step of the way.

• Tenacious

  We will never give up on your case. We fight tirelessly to get you the best possible outcome.

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Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.Ayesha Akbar20:24 06 Mar 24We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.Samanda Jashari17:06 27 Feb 24After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!paula militaru (paula)15:37 16 Feb 24Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !dean morgan10:14 16 Feb 24They where very helpful and contact me as soon as the officers writen to them about my bail.Sophia H15:27 08 Feb 24Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.Hassan Ali20:42 07 Feb 24Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.Clare Peters20:48 06 Feb 24We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.Yeliz Akturk12:36 22 Jan 24Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and IJamshad Naeem22:14 20 Jan 24Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.Colm Walshe23:14 19 Jan 24Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommendSee all reviewsWrite a review×