A recent strategic review of policing published by the Police Foundation (Barber, 2020, p. 2) claimed that the police service in England and Wales is not equipped to meet the scale and complexity of the various challenges it faces, one of which involves the digital elements within crime investigation. Drawing upon data gathered for an MSc dissertation evaluating practices across investigators in the South of England, monthly samples from two years of serious crime investigations established that 50% of enquiries missed all digital investigative opportunities. Where a digital opportunity was identified, potential subsequent digital enquiries were missed 47% of the time. Whilst consistent with the Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) (2018) and the Information Commissioners Office (ICO) (2020) reports which highlight that policing capability is lagging behind modern technology and affecting public confidence; these matters will be developed and discussed leading to the conclusion that, consistent with the police foundation report, loss of public confidence will undoubtedly damage police legitimacy.