In immediate danger? Call 999. Free 24/7 National Domestic Abuse Helpline: 0808 2000 247.

Know your rights

Your rights with the police

What officers must do when you report domestic abuse, what they must record as evidence, the qualifications they should hold, and the charging rules that decide whether your case is time-limited.

Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.

Your rights at the scene and at the station

  • Right to be treated as a victim of crime. Under the Code of Practice for Victims of Crime (Victims' Code) you have 12 enhanced rights — including written information about your case, regular updates, and the right to make a Victim Personal Statement.
  • Right to a same-sex officer on request where reasonably possible, particularly for sexual offences.
  • Right to an interpreter if English isn't your first language — this includes BSL.
  • Right to be referred to specialist support (IDVA/ISVA, refuge, MARAC) — police should make the referral with your consent.
  • Right to special measures in court: screens, video link, pre-recorded evidence (Domestic Abuse Act 2021 gives you automatic eligibility).
  • Right to request a DAPN (Domestic Abuse Protection Notice) from the senior officer at the scene — gives immediate protection for up to 48 hours pending a court DAPO.
  • Right to apply for information under "Clare's Law" (Domestic Violence Disclosure Scheme) — police can disclose a partner's abusive history.
  • Right to complain — first to the force's Professional Standards Department, then to the Independent Office for Police Conduct (IOPC).

What the police MUST record and investigate

Under the College of Policing Authorised Professional Practice (APP) on Domestic Abuse and the National Crime Recording Standard, when you report abuse the police should:

  • Record the incident as a crime on first report unless there is credible evidence to the contrary (NCRS rule). Refusing to record can be challenged.
  • Complete a DASH 2009 risk assessment (Domestic Abuse, Stalking and Honour-Based Violence) — the standard 27-question tool. Ask for a copy.
  • Capture body-worn video (BWV) on arrival and throughout the interaction. Request its preservation.
  • Take a full evidence-led statement (MG11) — even if you don't want to "press charges". Evidence-led prosecutions can proceed without victim testimony.
  • Photograph injuries at the scene and again 24–72 hours later when bruising develops, and seize any damaged property, weapons or torn clothing.
  • Seize digital evidence: phones, social media, location data, smart-home devices, ring doorbells, CCTV.
  • Refer high/medium risk cases to MARAC (Multi-Agency Risk Assessment Conference) within 24 hours.
  • Consider arrest under s.24 PACE for any DA offence — positive action policy applies.
  • Consider bail conditions (no contact, exclusion zone) and/or a DAPN before release.
  • Record children present as victims in their own right under s.3 Domestic Abuse Act 2021 — a notification should be sent to children's social care.
  • Record the incident on a CAD log — ask for the reference number for your own records.

Tip: ask in writing for the CAD reference, crime reference (CRIS) number, the OIC's (Officer in Charge) name, collar number, and rank. Keep them in your notes.

Officer qualifications you can ask for

  • PIP (Professional Investigation Programme). All investigators are graded PIP1 → PIP4. Domestic abuse investigations should be allocated to at least a PIP2-accredited detective (DC and above) for serious or complex matters (rape, GBH, controlling behaviour, stalking).
  • DA Matters trained. The College of Policing Domestic Abuse Matters change programme trains first responders and "DA Champions". You can ask whether the OIC has completed it.
  • SOIT (Sexually Offences Investigative Techniques) officer for any sexual offence — they are your single point of contact and trained in trauma-informed interviewing.
  • Stalking Single Point of Contact (SPOC). Every force should have one, often working with the National Stalking Consultancy.
  • Public Protection Unit (PPU) / Safeguarding oversight for any case involving children or vulnerable adults.
  • Authorising officer for DAPN must be at least Inspector rank (Part 3, Domestic Abuse Act 2021).

If a uniformed PC is taking a serious DA report and not escalating, you can ask for a supervisor (Sergeant), then the Duty Inspector. Note refusals in your notes.

Either-way vs summary-only — why this matters for time limits

For summary-only offences (tried only in the magistrates' court), an information must be laid within 6 months of the offence (s.127 Magistrates' Courts Act 1980). After that, the case is time-barred. For either-way and indictable-only offences there is no statutory time limit — CPS can charge years later if there is sufficient evidence.

The key domestic abuse charges are either-way (no 6-month bar):

  • Controlling or coercive behaviour — s.76 Serious Crime Act 2015 (max 5 years; widened by DA Act 2021 to former partners and family members). Either-way.
  • Stalking involving fear of violence or serious alarm/distress — s.4A Protection from Harassment Act 1997 (max 10 years after the s.111 Police, Crime, Sentencing and Courts Act 2022 uplift). Either-way.
  • Stalking — s.2A PHA 1997. Summary only, max 51 weeks — 6-month time limit applies. Where there is fear of violence, push for s.4A charging instead.
  • Harassment putting in fear of violence — s.4 PHA 1997. Either-way, max 10 years.
  • Threats to kill — s.16 Offences Against the Person Act 1861. Either-way, max 10 years.
  • Assault occasioning ABH — s.47 OAPA 1861. Either-way, max 5 years.
  • Strangulation / suffocation — s.75A Serious Crime Act 2015 (created by DA Act 2021). Either-way, max 5 years. No need to prove injury.
  • Engaging in coercive behaviour — see above; charging guidance: CPS.
  • Common assault / battery in a DA context — historically summary-only with a 6-month bar. Section 39A Criminal Justice Act 1988 (inserted by s.49 DA Act 2021) extends the time limit to 2 years from the offence, or 6 months from the date the victim first reported to police (whichever ends earlier). Always cite this if police claim "out of time".
  • Rape, assault by penetration, sexual assault — indictable-only or either-way. No time limit.

If police say "it's too late": the only DA-relevant offence with a hard 6-month bar is s.2/s.2A PHA 1997 (basic harassment/stalking) and pre-2021 common assault. For everything else, request the OIC to consider either-way charges and refer the file to the CPS Domestic Abuse Lead Lawyer.

Stalking — get it charged correctly

Stalking is two or more incidents that cause alarm or distress, where the conduct amounts to harassment. The National Stalking Consultancy (Suzy Lamplugh Trust) trains police; cases should be assessed using the S-DASH (Stalking-DASH) checklist. Common officer mistakes:

  • Charging s.2 (basic harassment, summary only, 6-month bar) when there is clearly fear of violence → push for s.4 or s.4A.
  • Treating stalking as "a domestic" without a stalking-specific risk assessment.
  • Not applying for a Stalking Protection Order (Stalking Protection Act 2019) — police can apply on your behalf before any conviction.

Stalking helpline: 0808 802 0300 · suzylamplugh.org

If the police won't take action

  1. Ask for the Duty Inspector or DA SPOC at the station and request a review.
  2. Request a Victims' Right to Review (VRR) if CPS or police decide not to charge — CPS VRR scheme.
  3. Complain to the force's Professional Standards Department in writing.
  4. Escalate to the IOPC for serious failures.
  5. Contact your Police and Crime Commissioner — they have a statutory victims' duty.
  6. Free legal helplines: Rights of Women · National DA Helpline 0808 2000 247.

Log every contact

Open your private notes and create an entry every time you speak to the police — date, officer name, collar number, what was said, what was promised, CAD/CRIS numbers. This builds your case and protects you if you need to complain later.