When a criminal case collapses due to the police losing or mishandling evidence, it can be devastating for victims who have placed their trust in the justice system. Understandably, many ask — can the police be sued for this?
The short answer is yes, but only in very limited and serious circumstances.
As it is revealed that thousands of criminal cases are collapsing due to mishandling or lost evidence many victims will be wondering if they can take legal action against the police.
Our Action Against Public Authorities team examines the options
In the UK, the police benefit from significant legal protection regarding how they investigate crimes. This is largely based on the principle that the police must be free to exercise discretion in their work without being routinely exposed to legal action. As a result, it is extremely difficult to bring claims based purely on negligence.
That said, there are exceptional cases where legal action are possible — usually involving human rights breaches or a legal principle known as misfeasance in public office. These claims are complex, heavily defended, and require clear evidence of serious wrongdoing or abuse of power. They are not easy or quick, and success often depends on determined legal representation and compelling facts.
The courts remain cautious. A landmark case from 1989, Hill v Chief Constable of West Yorkshire, established what has often called the 'Hill immunity' — a legal position that the police do not owe a duty of care to individuals in how they investigate crimes. Although the law has slowly evolved since then, that principle still shapes the legal landscape.
If you believe your case may involve serious failings of this nature, it is important to seek legal advice early. While only a small number of cases meet the threshold for legal action, our team can offer an initial view and advise on further steps.
Judges were worried that if police officers were constantly being sued for decisions made during investigations, it would make them overly cautious and interfere with their work.
To bring a successful negligence case against the police for losing evidence, it would need to be proved that:
- They owed you a legal duty of care (which is rare),
- They breached that duty (in this case by losing evidence relating to your case) and;
- You suffered some recognisable harm or loss as a direct result.
That is a high bar — but it is not impossible. The two strongest options for redress are by the following routes.
A Claim brought for contravention of the Human Rights Act 1998
If you can't sue for negligence, you might still be able to argue that your human rights have been breached — especially the right to a fair trial (Article 6) or the right not to be subjected to inhuman or degrading treatment (Article 3). This has been more successful in some cases, with some litigation following John Worboys' (now John Radford) conviction in 2009 being most visible (Commissioner of Police of the Metropolis v DSD and another [2018] UKSC 11).
Misfeasance in Public Office
This is a legal claim used when a public official (like a police officer) acts unlawfully or recklessly, knowing it will probably cause harm. You must prove bad faith, not just carelessness. That is another very tall order, but there have been documented, successful claims, but they are rare. While some large sums have been awarded for the most serious failures, compensation is rarely high.
Case examples:
Ms D v Avon and Somerset Police (2014):
Ms D reported a rape and gave two video interviews — the police lost the first. The CPS dropped the case just before trial, citing the missing footage. Ms D sued under Article 3 of the Human Rights Act (protection from degrading treatment), not negligence, and received £7,500 in compensation. The police admitted liability. This case showed that serious investigative failings can breach human rights, even without proving a duty of care.
The Daniel Morgan Case (1987–2019):
Private investigator Daniel Morgan was murdered in 1987. Police corruption and botched investigations led to critical evidence being lost. In 2011, prosecutions collapsed. Three suspects — Jonathan Rees and Glenn and Garry Vian — later sued the Met for malicious prosecution and misfeasance, winning £414,000 in damages. Morgan's family also received compensation. This case shows civil claims against police are possible, but only in extreme cases involving misconduct or recklessness.
Unnamed Woman v Metropolitan Police (2012):
A woman whose rape case fell apart due to the police failing to collect key forensic evidence later sued under the Human Rights Act. She received £15,000 in compensation (no liability admitted). The claim was based on the state's failure to investigate properly, not negligence — again reinforcing the human rights route as the viable legal path.
The Bigger Picture:
A 2021 Inside Justice study found 77% of police officers had seen evidence lost or destroyed. Professor Carole McCartney estimated up to 12,000 cases over two years — including rape and murder — may have collapsed due to mishandled evidence. In one shocking case, the Met lost a victim's underwear, forensic samples, and interview tape, only to find some of it years later during an office clear out.
If you or someone you know has been affected by a case collapsing due to lost police evidence, there are a few options:
- Make a formal complaint to the relevant police force or the Independent Office for Police Conduct (IOPC).
- Seek legal advice from a solicitor specialising in police misconduct or human rights law.
- Consider a human rights claim, especially if the loss of evidence denied you justice or caused psychological harm.
- Media and public pressure can also lead to accountability, even when legal options are limited.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
