Police procedures
Under the Code of Practice for Victims of Crime, which came into force on 3 April 2006, the police have a legal obligation to:
- tell you if there is not going to be an investigation into the crime, within 5 days of you reporting the crime;
- keep ou updated on a monthly basis until the case is closed; and
- tell you if there is a possibility that the case may be reviewed at a later date and ask you if you want to be informed of any reviews.
You will also need the crime reference number if you want to make an insurance or Criminal Injuries Compensation claim. Also if you quote the crime reference number when contacting the police about your case, it will be easier for them to provide you with an update. If your case goes to court, you will be given further reference numbers that you should keep a record of.
What the police can do once they reasonably suspect that a person has committed an offence depends on whether the offence carries a power of arrest.
Some less serious offences do not have a power of arrest. In such cases the suspect may volunteer to go to a police station for questioning, but the police cannot force them.
Serious crimes such as theft, burglary and most assaults do carry a power of arrest. The police can take the suspect to a police station to be detained and, if necessary, be questioned about the offence in a tape recorded interview.
Once the suspect is at the police station he or she will be told their rights and asked if they want a solicitor to represent them. It is up to the suspect to decide whether or not they do. If the suspect is under 17 the police must find an "appropriate adult" to be present during any interview. The adult will usually be a parent, family member, carer or social worker.
Under the Code of Practice for Victims of Crime, which came into force on 3 April 2006, the police have a legal obligation to inform you if someone is arrested within one day if you are receiving the enhanced service as a culnerable or intimidated victim, or within five days for all other victims.
The police will then interview the suspect. If they decide they have enough evidence to consider charging the suspect, the police must then decide whether the case is one that they can charge themselves or whether it requires the approval of a Crown Prosecutor. In less serious, straightforward cases where the suspect admits the offence, the police are permitted to charge the suspect without first referring the case to the Crown Prosecution Service (CPS). In all other cases a Crown Prosecutor must review the case, decide on the correct charge and give their approval to the suspect being charged.
Keeping you informed
Under the Code of Practice for Victims of Crime, which came into force on 3 April 2006, the police have a legal obligation to tell you about a decision they take to charge or not charge a suspect within one day if you are receiving the enhanced service, as a vulnerable or intimidated victim, or within five days for all other victims. If the decision to charge a suspect is being taken by the CPS, then the CPS must tell you if they decide not to charge someone in relation to your case within the same timescales.
Release on bail
Once a suspect has been charged they must appear before a magistrates' court. The police have to decide whether to release them on bail or whether they should be taken to court in custody. In England and Wales a person is innocent until proven guilty in a court and so should not be kept in custody before trial unless there are good reasons for doing so.
Under the Code of Practice for Victims of Crime, the police have a legal obligation to tell you when they release a suspect on bail and let you know if there are any bail conditions and when those conditions are altered. They will updated you within one day if you are receiving the enhanced service as a vulnerable or intimidated victim, or within five days for all other victims.