When The Police End an Investigation | Defence Lawyers Explaining (2024)

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.

Google Rating

4.6

Based on 336 reviews

×

When The Police End an Investigation | Defence Lawyers Explaining (2024)

FAQs

What happens when an investigation is closed? ›

If the investigation does not support a violation of the law, the complaint is closed. Also, if the evidence obtained in the investigation shows a violation occurred, but the violation is insufficient to support administrative action, the case is closed and maintained on file for future reference.

When police don t have enough evidence? ›

The prosecutor will not charge the person without evidence. Sometimes that means that the police will arrest someone and then have to let that person go free if the prosecutor will not press charges at that point.

How do you know if investigation is over? ›

If you're unsure whether an investigation is still ongoing, the best approach is to ask your lawyer directly. They can call the prosecutors or law enforcement agency handling the case and inquire about its status.

What are the five points of investigation? ›

The five key elements
  • Define the scope of the investigation.
  • Plan the Investigation.
  • Collect relevant evidence.
  • Review and analyse the information.
  • Document the findings.
  • Summary.
Mar 2, 2023

What does it mean to close an investigation? ›

Insufficient evidence to proceed – all available leads have been exhausted and there is no evidence to support the investigation. This could include cases where there is no corroborative evidence to support the victim's allegation (i.e. 'one word against the other').

How long does it take to finish an investigation? ›

Similarly, the length of time the police will engage in a pre-arrest investigation will depend on the seriousness and complexity of the crime. Some can take days, weeks, or a year or more to complete. Here are some ways that law enforcement officials and prosecutors conduct an investigation before making an arrest.

Can police tell you who reported you? ›

Unless there is a state law or a agency policy requiring it, no the police do not have to tell you a thing about someone reporting you.

What is it called when there isn t enough evidence to convict? ›

Reasonable doubt is tied into circumstantial evidence as that evidence relies on inference. It was put in place because the circumstantial evidence may not be enough to convict someone fairly.

What is the exclusion rule? ›

The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.

What is the last step in the investigative process? ›

The investigative process is a progression of activities or steps moving from evidence gathering tasks, to information analysis, to theory development and validation, to forming reasonable ground to believe, and finally to the arrest and charge of a suspect.

How do I know if I am under police surveillance? ›

The Police Are Engaging in Surveillance

If you see suspicious unmarked cars or police cars outside your home or behind you while driving for long periods, this is a sign that you are under surveillance.

What comes after investigation? ›

When the investigation is finished, the investigator will conduct a thorough analysis of the facts, statements, and evidence gathered, which will be compiled in a file to produce a comprehensive report.

What does a good investigation look like? ›

Relevant evidence must be identified, collected and efforts made to triangulate information. All relevant witnesses must be identified, thoroughly interviewed, appropriate records made, statements taken and consent considered/sought (as appropriate) for use of information.

What are 3 things evidence can do for an investigation? ›

Physical evidence is useful (1) to determine how a crime was committed, (2) to connect a suspect with the crime or identify the criminal, or (3) to clear an innocent person.

What matter should be kept in mind before investigation? ›

Keep in mind through the process that there should be no compromising in the moral and ethical principles of the organisations and role that the investigator has in this process. It is making sure the decision-making after the investigation is made by the appropriate authority that can make such a decision.

What does it mean if my case status is closed? ›

Definition of What It Means When A Criminal Case Has Officially Closed. Closed criminal cases, whether following a conviction or an acquittal, indicate that all necessary legal proceedings and court hearings have been completed.

What does it mean when the case is closed? ›

'Closed' means exactly what it says: the case is resolved/ done/ finished/ over. It could have been dismissed; or he could have been found Guilty after a trial, or plead out to the charge and been sentenced.

What is the difference between case closed and case dismissed? ›

A dismissed case is closed. However, a closed case doesn't mean it's always dismissed. A closed case means there's nothing else going on with the case. A case can be closed if no charges are filed, but not technically dismissed.

What does it mean when an investigation is open? ›

noun. : a case that is still being investigated (as by the police) We can't talk about the case. It's still an open investigation.

Top Articles
Latest Posts
Recommended Articles
Article information

Author: Greg Kuvalis

Last Updated:

Views: 6318

Rating: 4.4 / 5 (75 voted)

Reviews: 82% of readers found this page helpful

Author information

Name: Greg Kuvalis

Birthday: 1996-12-20

Address: 53157 Trantow Inlet, Townemouth, FL 92564-0267

Phone: +68218650356656

Job: IT Representative

Hobby: Knitting, Amateur radio, Skiing, Running, Mountain biking, Slacklining, Electronics

Introduction: My name is Greg Kuvalis, I am a witty, spotless, beautiful, charming, delightful, thankful, beautiful person who loves writing and wants to share my knowledge and understanding with you.