Reportable

Rights After Reporting

7 minutes to read

When you report a crime

The police must provide the person who has reported the crime and/or the victim with:

  • Written confirmation of the crime reported
  • A crime reference number
  • Contact details for the police officer dealing with the case

They must also provide the following information:

  • What will happen next
  • How often they’ll provide an update on their investigation

They must also:

  • Take a witness statement
  • Carry out a needs assessment to find out what support the victim should get
  • Ask a victim support organisation to contact the victim within 2 days
  • Ask if the victim wants to write a statement about how the crime has affected him/her. This is called a ‘victim personal statement’. It can be used later when the court is deciding on a punishment.

During the police investigation

The police must update the victim on the progress of their investigation, and tell the victim within 5 days when a suspect is:

  • Arrested or charged
  • Set free or released on bail
  • Given a police penalty

When the police have finished their investigation, they can pass the information to the Crown Prosecution Service (CPS) who then decide if there’s enough evidence to take the case to court.

If the police or the CPS decide to drop the charge, they must notify the victim within 5 days. You can ask for a review if you disagree with their decision.

Protecting the victim

If the victim is harassed or threatened in any way during an investigation or a trial, you should contact the police immediately or advise them to do so.

What can the police do?​

  • It is a criminal offence to intimidate anyone helping the police in an investigation.
  • If the offender has been caught, remanded in custody, released on bail or convicted, the criminal court can make a restraining order to stop them coming near, threatening or intimidating the victim again.

Secondary victimisation

Secondary victimisation refers to victimisation that occurs not as a direct result of the criminal act but through the response of institutions and individuals to the victim.1

This can involve indifference, rejection, or additional criminal charges levied by the police against the victim （e.g. the police brings charges against the victim for causing physical harm to the perpetrator when engaging in self-defence）.

There is currently no explicit guidance in place to address potential issues of secondary victimisation when dealing with hate crimes or incidents.

If you suspect that you or any victim has been subject to secondary victimisation related to a hate crime or incident, please contact CASVIC (the Campaign against Secondary Victimisation) at casvic.org@gmail.com.

Self-defense

A victim can engage in self-defense by use of force, but only as a defence of crimes committed against the victim, and only by use of a reasonable amount of force given the circumstances.2

If self-defense has taken place in response to a hate crime, please make sure to explicitly flag this to the police when reporting the crime to avoid further secondary victimisation of the victim during the investigation process. Check that you have received a crime reference number (CRN) for hate crime from the police.

How to make a complaint

If you are unsatisfied with the process or the outcome of the police investigation into your case, you may raise a complaint with the police.

You should advise the victim to:

  • Raise their complaint as soon as possible
  • Raise their complaint directly with the police force dealing with their case

Victims may file a complaint with the police through the following methods:

1. Go to the police station and speak to someone

  • You can go to the police station that handled your case and ask to launch a police complaint.

2. Fill an online complaint form on the website of the police force.

  • If the police force you are complaining about has an online complaint form, you can report it directly on their website.
  • You can locate the website of the police force that handled your case via Police UK’s website.

3. Contact a solicitor

  • You can contact a solicitor to launch the complaint on your behalf and deal with any subsequent matters.
  • Check your local Citizens Advice Bureau or local community law centre for more information and to help find solicitors that specialise in crime or hate crime.

4. Contact a Member of UK Parliament in your local area.

  • You can find out who your MP is

5. Fill in the Independent Office for Police Conduct’s (IOPC) online complaint form.

  • The IOPC will not read the complaint form. They will send it straight to the police force your complaint is about.
  • They will not send your complaint to the police if there are serious risks - for example, if you think you or someone else may be at risk if they do. If this is the case. Make the IOPC aware of the concern. You can:
    • Call IOPC: 0300 020 0096
    • Email IOPC: enquiries@policeconduct.gov.uk
  • The number of days for the typical response will vary by geography, availability as well as the nature of the case.

Who will deal with the complaint?

  • The police force your complaint is about will deal with it, unless your complaint involves a chief constable. Then the Police and Crime Commissioner for that police force will deal with it.
  • Each police force has a Police and Crime Commissioner. They are in charge of making sure that everyone in the police force does their job properly.
  • If something very serious has happened the IOPC will usually need to look into it. For example, if someone has died after having contact with the police.

What are the rights you have after you file a police complaint?

  • The people dealing with your complaint must tell you how it will be dealt with and what is going to happen next.

What happens after you make a complaint?

  • Your complaint will be recorded by the people the complaint is about. The IOPC cannot record your complaint but you can appeal to the IOPC if your complaint is not recorded.

  1. Council of Europe (CoE), Recommendation Rec(2006)8 of the Committee of Ministers to member states on assistance to crime victims(2006) ↩

  2. CPS, ‘Self-Defence and the Prevention of Crime’ (last updated on 30 September 2019) ↩