When do police stop investigating a case?

Are you currently under investigation for a criminal offence? You will be understandably anxious about what the coming months and years hold for you, and want even a little bit of certainty to put your mind at rest.

In this article, we’ll discuss when the police decide to stop investigating a case and what you can do to persuade them to drop the case early.

 

When will the police decide to stop investigating a case?

The police will decide to stop investigating a case for many reasons, including:

 

They have exhausted all lines of enquiry

The police may decide to stop their investigation if they truly believe they cannot investigate any further.

They have interviewed all suspects and witnesses, gathered expert opinions, carried out forensic analysis, and more.

They may believe they have enough to assure a conviction – or they may not even have enough to charge, so are dropping the case with no further action.

 

The CPS discontinue the case

The police may be continuing their investigation but the CPS believe the case doesn’t pass the “public interest test” so they tell the police to drop the active investigation.

They don’t believe that the time and money spent on pursuing a conviction is worth it for the benefit of the general public.

 

Time has run out (for summary only offences)

The police have a certain amount of time to investigate certain types of crime.

They have 6 months from the time of offence to charge and begin court proceedings for summary only offences (less serious cases which carry a maximum 6 month prison sentence or £5,000 fine).

If they don’t manage this in 6 months, then they have to discontinue the investigation. For all other types of crimes, there is no time limit – they can take years if they need to.

 

Procedural mistakes were made

The police (and other regulatory bodies) need to follow strict procedures in order for their investigation to be lawful, and for them to be allowed to submit evidence to the CPS and courts. If they fail to follow proper procedures, they risk having to drop the case entirely.

Examples of procedural mistakes include (but are not limited to):

• Unlawful arrest – if they didn’t inform you of the reason for your arrest or your rights, the arrest is unlawful.
• Unlawful detention – if they held you in custody for longer than they were allowed to (usually 24 hours), it is considered illegal.
• Contaminating/mishandling evidence – they may have contaminated, lost, or damaged evidence, making it inadmissible.
• Unlawful search/seizure – the police often need a search warrant to search your home, car, or place of work for evidence. If they fail to procure and show their warrant, they risk the evidence being inadmissible.
• Failing to disclose evidence – they must disclose all relevant evidence to the defence. If they fail to do so, the case may be dismissed.
• Improper interview techniques – coercing or threatening suspects and witnesses into making particular statements makes the evidence obtained in the interview inadmissible.

 

The offence is considered minor / it is your first offence

Similar to CPS dropping the case as it’s not considered in the public interest, the police may decide to drop the case if the offence is relatively minor and/or it is your first offence. They may be considering their current caseload and have decided that it is not a good use of their time to pursue a full blown investigation.

They may release you with no further action or they may issue you with a caution or a community resolution as an alternative form of punishment.

 

 

How can I convince the police to stop investigating a case?

If you haven’t been charged yet, your solicitor can initiate a process called pre-charge engagement. This is where you make representations to the police to demonstrate why you should not be charged and should be released with no further action, or settling with a less severe punishment out of the court system.

Your solicitor can help you build a pre-charge case depending on your unique circumstances, including:

• Demonstrating that procedural mistakes were made meaning the case should be dropped as major evidence cannot be admitted.
• Demonstrating flaws with the strength and validity of current evidence against you.
• Bringing new evidence to light that works in your favour, including alibis, witness statements, CCTV footage, and more.
• Requesting an alternative penalty like a caution or community resolution.

If you have already been charged, your defence solicitor can still do the above, but it won’t be under the formal pre-charge engagement process.

 

Currently under investigation? Get in touch today.

If you are currently under investigation for a criminal offence, please get in touch with our pre-charge solicitors today.

The team here at Holborn Adams are pre-charge pioneers. We confidently tackle cases like yours every day and reap incredible results. Speak to us now to find out what we can do for you.

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