In what circumstances will the police be sued in negligence for failing to investigate and arrest a suspect who had committed a series of similar crimes in the same area?
British Columbia, Canada
The following excerpt is from Burnett v. Moir, 2011 BCSC 1469 (CanLII):
In a not dissimilar case, Hill v. Chief Constable of West Yorkshire, [1988] 2 W.L.R., 1049 (HL), a young woman was attacked and killed by a man who was eventually charged and convicted of her murder. It was alleged that he had attacked and killed or attempted to kill a number of young women in the same area in similar circumstances in previous years. The deceased mother launched an action framed in negligence against the police, claiming damages, alleging the police failed in their duty to properly investigate the previous offences and arrest the perpetrator before the deceased was killed.
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