Police responses to family violence: Recasting a duty of care

Abstract

This article explores the issue of police liability in negligence for failing to protect victims of crime. UK courts have held that police, in the course of investigation or suppression of a crime, do not have a duty of care to individuals. The law in Australia, however, is unsettled. The author discusses cases where police have failed to protect victims of family violence and finds that public policy reasons for granting police immunity from suit are unsatisfactory and unjust.