Police's failure to investigate a crime can leave
victims feeling let down by the authorities charged with protecting
them as well as extremely distressed at the thought that the
perpetrator has got away with the crime.
When you report a crime to the police, every investigation starts
with the same basic steps.
- The police will first ensure that the crime report is given to the correct police force.
- You will then be issued with a crime reference number
- The police will carry out an 'investigative assessment'
where the police will review all of the information they have
gathered and decide whether to investigate your crime report
further. Their decision will base on four key factors:
- Vulnerability of the victim
- Severity of the offence
- Likelihood it can be solved
The most effective use of resources
- There are two possible outcomes to an investigative assessment:
- Your case will be investigated further or
- The investigation will be closed
- If the police decides to investigate your case further, they
will conduct an initial investigation which could involve:
- Talking to witnesses
- Assessing the scene of the crime
- Reviewing CCTV or video footage
- Gathering other evidence, i.e. taking forensic samples
- Searching their intelligence database
The police generally do not owe any duty of care to investigate
allegations of crime. There is an obligation however, as a public
authority, to act in a way which is compatible with the European
Convention on Human Rights ('the Convention'). The police
must conduct effective investigation into allegations of criminal
activity that crosses the threshold of a breach of Article 3 of the
Convention.
This article imposes an obligation on public authorities to ensure
protection of individuals against torture and inhuman or degrading
treatment administered by others.
This is what is found in the case of Commissioner of Police of the
Metropolis v DSD and another [2018] UKSC 11, where two victims of
the convicted sex offender John Worboys claimed compensation from
the Metropolitan Police for their failure to conduct an effective
investigation into his crimes. It was later found that the police
failed at both a systemic and an operational level to investigate
their claims. The police failed to promptly interview key
witnesses, to collect CCTV evidence, to link numerous complaints
made against the suspect and to conduct searches of Worboys'
house.
You may seek compensation from the police for their failure to
effectively investigate a crime you reported if there is a failure
to protect you from torture and inhuman or degrading treatment.
Originally published 30 May 2023.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.