When do the police stop investigating a crime?

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.

Google Rating

4.6

Based on 339 reviews

Stuart Miller Solicitors (London)

4.6

×

Ayesha Akbar

20:24 06 Mar 24

We 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 Jashari

17:06 27 Feb 24

After 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 24

Stuart 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 morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart 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 Ali

20:42 07 Feb 24

Unfortunately 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 Peters

20:48 06 Feb 24

We 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 Akturk

12:36 22 Jan 24

Many 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 I

Jamshad Naeem

22:14 20 Jan 24

Words 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 Walshe

23:14 19 Jan 24

Kiran 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 recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Kingsley Adjei

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

Gabriel Chirwa

15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

Joyce Cunningham

05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

Imran

10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

Abdi shakur Ali

21:28 18 Nov 23

Very helpful. Helped me understand, replied back very quickly.

Alby Davis

03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

Keshia

14:50 14 Nov 23

Fantastic solicitors. Would highly recommend them. All staff are amazing

Namna Janapori

06:12 31 Oct 23

Stuart Miller Solicitors are nothing short of miracle workers! When faced with serious charges, I felt lost and overwhelmed. But from day one, they assured me and proved their dedication by being accessible 24/7. They managed to get me out of troubles and gave me a second chance in life.

Mabz

22:54 28 Oct 23

Another one *DJ Khaled voice* Mohammed Zeb thats Big Bro buss another case as usual thank you and it’s always love. Different League Different Class Mike Tyson in the court room. No one try tell me about these fake internet tik tok lawyers in saggy suits using chat gpt to create defences don’t make me catch another case please. Trust Zeb be patient show love and respect and youll be alright. You get arrested go cell request 2 blankets and a fresh grey jumper and tell the Sarge call Stuart Millers then just go sleep real simple.

Sian Evans

20:51 25 Oct 23

Thank you Holly for representing me at the police station. You are a credit to Stuart Miller. Very professional and a lovely person. I can’t thank you enough. I would highly recommend you. ❤️

Kit Jenkins

06:11 19 Oct 23

If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

Fabian Jones

18:59 17 Oct 23

Incredible legal team! I couldn't have asked for better representation during the most challenging period of my life. They're genuine care made all the difference in my case.

MadDog Lambo

13:11 17 Oct 23

Called Stuart Miller for advice. Bobbi was more than happy to advise me and answer all questions. When i had further questions, Mohammed personally called me to answer them in full. I can not recommend Stuart Miller highly enough and they went above and beyond, in taking the time to make sure all was taken care of and all questions answered.

Ambreen Farooq

20:06 12 Oct 23

I spoke with Mr. Kibla regarding a query I had and he was so helpful and informative. Will definitely be using their services if ever needed.

Norrys 88

10:26 11 Oct 23

Thank you team stuart millerI was on a suspended sentence and i breachedA brilliant director from the firm saved me

Liz Lee

09:59 07 Oct 23

Just want to say a big ‘Thank you’ to Iysha who has represented my daughter in the police station. Iysha remained very calm and professional during this long, painful process while maintaining good communications with the family. She has provided useful advice to my daughter and demonstrated good expertise in this complex area. We hope to continue to work with StuartMiller and secure the best outcome for my daughter.

Berivan Murat

14:13 04 Oct 23

Fantastic service. When I was going through my case they were very comforting and helped keep me sane during my proceedingsAnd was patient through my anxiety

See all reviewsWrite a review

×