Formal Procedure to close an investigation

Freedom of information request reference no: 01.FOI.22.022094

I note you seek access to the following information:

1. I want to know the formal procedure for closing a/an case/investigation?
2. I want to know if the victim can appeal this?
3. I know cases can be re-opened but should not cases remain open until the formal complaints procedure (against the police) has been completed (as in my case)?

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

Q1 - I want to know the formal procedure for closing a/an case/investigation?

Following are the formal procedures followed by the MPS for closing a Crime Report/ Investigation.

Once all evidential leads have been exhausted or it is not within the Public Interest to continue with an investigation (i.e. CCTV leads are too prohibitive in relation to the seriousness of the crime) a closing report will be required from the OIC (Officer in Case).

The closing report should summarise the investigation to date and justify the reasons for closure.

There are many reasons for closing a crime however the most common are:-

• 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’).
• Not within the Public Interest to proceed – this could be where it is not proportionate to continue the investigation due to the amount of evidence available against the minor nature of the alleged crime. This could be down to the cost of submitting forensic evidence or hours required to view CCTV.

The closing report should end with the most relevant Home Office Outcome Code which can be found on Pages 10 & 11 via the link below:
Government - PPRC User Guide.pdf

The following form of words are examples of how a solvability assessment may look:

Investigation Complete
Based on my assessment of material available no further investigation is required.
The reason behind this is: –
(Officer writes who, what, why, where, when investigation is complete, document what is proportionate and reasonable in the investigation and why they make the decision of closing the crime investigation)
I have informed the victim about this decision.
Home Office Outcome Code: –
Investigation closed.

Q2 - I want to know if the victim can appeal this?

Victims have a right to request a review. Please see the information below, extracted from the MPS Guidelines concerning a ‘Victim’s Right to Review’.

On 1st April 2015 the VRR (Victims Right to Review) was introduced.

Officers are required to inform victims when the MPS have decided not to prosecute a suspect interviewed, in relation to a crime being reported and their (the victim) rights as detailed below.

Please also note that, separately from a Victims’ Right to Review request, a case can also be re-opened in the event of new relevant material being brought to the attention of the investigator. It is also possible for a supervisor to direct that a case be re-opened if they consider, upon their review, that there remains reasonable lines of enquiry to follow.

What is the VRR scheme?
VRR relates to a right for a victim to ask the police to review a decision not to prosecute a suspect. The right of a victim to request such a review was considered in the case of R v Killick and is set out in Article 11 of the EU Directive on Victims (EU Directive), which comes into effect in November 2015. Please see the relevant link below:
CPS - VRR Guidance.pdf

Article 11 of the EU Directive provides that, ‘Member States shall ensure that victims….have the right to a review of a decision not to prosecute’, and the Directive makes clear that this includes decisions made by, ‘law enforcement authorities such as police officers’.

The review should take a fresh view of the evidence and decide whether a charging decision should be made, whether the matter should be referred to the Crown Prosecution Service (CPS), whether further enquiries are necessary or that no further action should be taken.

ACPO have provided a police VRR scheme framework which allows forces to individually tailor the details of the scheme to their own local situations.

The right to review does not apply retrospectively. Hence, only those decisions made from the 1st of April 2015 can be requested to be reviewed.

Does the VRR scheme apply to all offences?
The VRR scheme applies to ‘qualifying cases’; the definition of which is as follows:
• They only apply to National Crime Recording Standard (NCRS) offences.
• They only apply where a suspect has been identified and interviewed under caution, either following arrest or by voluntary arrangement. This however, does not apply to situations where limited questioning has taken place following an incident, e.g. during a stop and search situation.

They only apply where police:
• Make a decision not to bring proceedings in cases where the police have the authority to charge a suspect; or
• Make a decision that the case does not meet the Full Code Test for referral to the CPS for a charging decision; or
• Make a decision that the case does not meet the Threshold Test for referral to the CPS for a charging decision

Specifically, what does not fall within the scope of the police VRR?
Cases:
• Where no suspect has been identified and interviewed.
• Where charges are brought in respect of some (but not all) allegations made or against some (but not all) possible suspects.
• Where a charge is brought that relate to the matter complained about by the victim but the offence charged differs from the crime that was recorded; for instance, the suspect is charged with common assault but an offence of actual bodily harm has been recorded.
• Which are concluded by way of out of court disposal; and
• Where the victim retracts their complaint or refuses to co-operate with the investigation and a decision is therefore taken not to charge/not to refer the case to the CPS for a charging decision.

Who can apply under the VRR scheme for a review?
Any ‘victim’ in a ‘qualifying case’ (see above) is entitled to seek a review of the decision not to prosecute.

A victim is defined as per The Code of Practice for Victims of Crime 2013 (Victims’ Code): ‘a person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct’.

It also includes the following ‘qualifying persons’:
• Close relatives of a person whose death was directly caused by criminal conduct.
• Parents or guardians where the main victim is a child or youth under 18.
• Police officers who are victims of crime.
• Family spokespersons of victims with a disability or who are so badly injured that they cannot communicate; and
• Businesses, providing they give a named point of contact.

VRR is specifically intended to allow a victim to have an avenue to appeal a decision not to prosecute. It is not intended to allow others, such as campaigning groups, to direct reviews of cases that relate to their area of interest and such requests should be declined.

It is acknowledged that a victim might ask an individual to act on their behalf, such as a solicitor or an MP. The appropriateness of acting on such requests will be dealt with on a case by case basis and the MPS should obtain written confirmation, where appropriate, that the person in question has the authority of the victim to act on their behalf.

What about VRR for victims who qualify for an ‘enhanced service’ as per the Victims’ Code?
The persons who qualify for an enhanced service are as follows:
• Vulnerable persons.
• Intimidated persons.
• Persons who are victims of the most serious crime; and
• Persons who are persistently targeted.

The MPS will ensure that an appropriate level of support is given to those persons above to enable them to make an informed decision regarding their right to ask for a review. This might involve ensuring that relevant victim support agencies are engaged in helping the victim with their decision regarding VRR. These reviews should be expedited, where possible, as the effect of the crime and of uncertainty regarding the outcome of the investigation are likely to have an increased impact on them.

All VRR requests should be made via email to, [email protected] (CPIC Mailbox – VRR).

Q3 - I know cases can be re-opened but should not cases remain open until the formal complaints procedure (against the police) has been completed (as in my case)?

All cases are dealt with on an individual basis. However, the MPS cannot comment on or discuss individual cases under the Freedom of Information Act.