Have you been the victim of a crime but the police aren’t offering assistance or refuse to accept your report? While it may come as a shock to you that the police officers you speak to aren’t treating your matter as a top priority, this is actually a common occurrence in Australia. Being subjected to a crime is bad enough but, when the authorities you turn to for help don’t offer immediate, practical solutions, you’re left feeling like there’s nowhere to turn.
While law enforcement are usually pretty quick to deal with physical assaults or any serious, organised criminal activity, those who have been victims of property crime, identity theft, cyberbullying, fraud, stalking and other similar forms of criminal activity are often left to deal with the consequences of the crime themselves, with police offering no real solution or follow-up. As an experienced private investigator, I speak with people on a daily basis who are disappointed at the response they have received from police.
This is not due to any malicious intent or corruption on the part of police. Police do a difficult job in challenging circumstances and sometimes put their body or life on the line to uphold the law, something for which we should all be thankful. Nor is it a skill problem – if you read what was accomplished in the Daniel Morcombe investigation, you’ll appreciate the truly remarkable skills that can be utilised. See here for more.
Why Aren’t the Police Investigating My Case?
The lack of a suitable response is almost always due to under-resourcing. This is a political and social issue that is very unlikely to be resolved anytime soon. The problem is most prevalent in large urban centres, like Sydney and Melbourne, where the authorities must prioritise more serious incidents at the costs of resolving day-to-day issues faced by everyday Australians.
So, what can you do when police refuse to investigate a crime in Australia? Firstly, the issue with police is often that you do not have actual evidence of the crime or that the criminal might be difficult to identify. For example, in the case of a burglary or an online incidence of fraud or cyberbullying, you should ask yourself whether you have any proof of who is actually responsible. The police might look at the value of what you lost or the cost of the damage to your reputation and decide that the cost to investigate it, in terms of resources, will be excessive. You may feel very differently about the importance of such an investigation. In other cases, such as alleged stalking, forgeries, identity theft and the like, it might be clear to you that a crime has been committed but the evidence might not be easily identifiable to an objective third party. Sometimes, the police say “it’s a civil matter” and leave it at that.
What to Do Next When the Police Won’t Help
If you’re asking yourself how to gather evidence for police, or for any other purpose, it turns out there are people who specialise in getting proof and are licensed to do just that. Private investigators and forensic experts gather evidence for a living, including for court purposes or to provide to the police. If you have not had the experience you had hoped for with the cops, private investigators can assist in two main ways.
1. Gathering Evidence for a Police Report
An investigator or expert may be able to gather fresh, objective evidence that you can then use to prove a crime has been committed and explicitly prove who is responsible. Presenting a comprehensive, professionally compiled brief of evidence makes it easy for an under-resourced police officer to open and prioritise your file.
2. Preparing for Civil Legal Action
Regardless of whether the police take action, you may have a civil legal action available to you. This means that some crimes allow you to sue the culprit directly for damages or financial loss. In the Supreme Court, in AS v Murray [2013] NSWSC 733, our firm obtained evidence that enabled our client to sue the person responsible for a blackmail attempt, despite the fact no police prosecution took place. A civil action for theft is another example people commonly explore.
So, not only does the outcome of a criminal trial or a civil legal case depend largely on the evidence, obtaining the evidence in the first place yourself might actually be necessary to hold the culprit responsible.
How a Private Investigator in Sydney Can Help You Build a Case
The police have great resources but also very significant responsibilities and this can mean your case is buried at the bottom of a pile of active files. If you truly want results, you often need to be proactive in an investigation, as you do in life.
An experienced private investigator in Sydney or Melbourne, both large metro centres with no shortage of white collar crime, has very likely dealt with a case similar to yours many times before. If your case truly is a one-off, then the manner of gathering the evidence will still be familiar to a skilled, broad-based investigator. Lyonswood Investigations & Forensic Group has solved tens of thousands of cases over its 40+ year history. On plenty of occasions we have helped provide evidence to clients that has resulted in police action. If police are not offering assistance, you may also benefit from engaging a lawyer with expertise in the relevant area of the law, to explore the prospect of a civil action or to encourage the police to take action.
Don’t let your case sit at the bottom of the file pile. If you need proactive, professional assistance gathering evidence to get the justice you deserve, contact Lyonswood Investigations today for a confidential consultation.
Frequently Asked Questions
Can you hire a private investigator if the police are already involved?
Yes, and you should consider doing so as soon as the need for evidence arises. Private eyes are licensed to gather evidence and you can’t afford to rely on the police if they’re dragging their feet.
Can private investigator evidence be used in Australian courts?
Yes, evidence gathered by private investigators has been used thousands or tens of thousands of times in Australian court rooms. In any particular case, a lawyer can advise you regarding admissibility.
What is the difference between a criminal trial and a civil lawsuit in Australia?
A criminal trial is initiated by the police/state to punish an offender for behaviour society has deemed criminal. A civil action is initiated by you to recover damages or losses directly from the culprit, regardless of police involvement.
