Police Powers of Seizure: Your Rights and Next Steps

If the police have taken your phone, your car, your cash or your records, two questions matter immediately: were they entitled to take it, and how do you get it back?

This guide sets out the powers they rely on, the limits on those powers, how long they can keep what they have taken, and the practical routes to recovering it.

In brief: The main power is Section 19 of the Police and Criminal Evidence Act 1984 (PACE) which allows an officer lawfully on the premises to seize anything they reasonably believe is evidence of an offence or was obtained through one, where seizure is necessary to prevent it from being lost, altered, or destroyed. Separate powers under the Proceeds of Crime Act 2002 (POCA) cover cash and confiscation investigations.

Legally privileged material cannot be seized at all. Under Section 22 of PACE, property may only be kept "so long as is necessary in all the circumstances", and it cannot be kept at all if a photograph or a copy would do. If it is not returned, an application can be made to the Magistrates' Court under the Police (Property) Act 1897.

What the police can seize, and under what power

Section 19 also allows an officer to require information held on a computer and accessible from the premises to be produced in a form that can be taken away and read.

What the police cannot seize

Certain material is protected, no matter how well the seizure otherwise fits the statutory test.

Legally privileged material is excluded by Section 19(6) of PACE and Section 354 of POCA. That covers communications between you and your solicitor about legal advice or proceedings. If privileged material is caught up in a seizure, it needs to be raised immediately, because privilege is easily lost in practice once material has been examined.

How long can the police keep your property?

This is the part most people are not told. Under Section 22 of PACE, anything seized may be retained "so long as is necessary in all the circumstances", and only for defined purposes: use as evidence at trial, forensic examination, or establishing the lawful owner where there are grounds to believe the property is the product of crime.

Two limits matter in practice:

• Section 22(4): property may not be retained if a photograph or a copy would be sufficient. This is the single most useful provision for anyone trying to get documents, records or a device back, and it is rarely invoked because most people do not know it exists.
• Retention must remain necessary. As an investigation progresses, the justification for holding an item often falls away, and nobody reviews that unless someone asks.

How do you get seized property back?

There are three practical routes, in escalating order.

1. Ask, in writing, and put it on the record. Request the return of specific items, identify why retention is no longer necessary, and where relevant invoke Section 22(4): if a copy or image would serve the investigation, the original should be returned.
2. Apply to the Magistrates' Court under the Police (Property) Act 1897. Section 1 allows either the police or a person claiming the property to apply, and the court may order delivery of the property to whoever appears to be the owner. Note the six-month limit in Section 1(2) on pursuing recovery after such an order.
3. Apply to the Crown Court under Section 59 of the Criminal Justice and Police Act 2001, where material was taken under the seize and sift powers. Anyone with a relevant interest may apply, and the court may order return where there was no power to seize, where the material is legally privileged, or where the seize and sift requirements were not met.

Which route applies depends on the power used, so the first step is establishing that rather than guessing.

We deal with this regularly, and there is more detail on recovering your property from the police.

Phones and digital devices

The police can seize a phone where they have reasonable grounds to believe it is evidence relating to an offence. You are not obliged to hand over your passcode voluntarily, even after an arrest, but if you are served with a formal notice under Section 49 of RIPA 2000, refusing to comply is itself a criminal offence, separate from whatever is being investigated.

Devices are frequently retained far longer than anything else, because forensic examination queues are long. Section 22(4) is particularly relevant here: where an image of the device has been taken, the justification for keeping the handset itself often disappears. We have written separately on police powers to search your phone and social media accounts and on what the police do with evidence taken from digital devices.

Vehicles

A vehicle may be seized where it is being used in a way causing alarm, harassment or distress, where the driver has no licence or insurance, where the vehicle is being used or intended to be used in an offence, or where it is or was obtained through the proceeds of crime.

The route back depends on which power was used. A vehicle taken for lack of insurance is recovered through a different process, usually involving the production of documents and payment of removal and storage charges, from one seized as evidence or as the proceeds of crime.

Cash

Under Section 294 of POCA, officers may seize cash they have reasonable grounds to suspect is recoverable property or is intended for use in unlawful conduct. They may hold it for 48 hours, after which continued detention requires authorisation from a Magistrate’s Court. Cash seizure often develops into forfeiture proceedings, which is a separate process with its own deadlines.

Your rights when property is seized

Section 21 of PACE gives anyone who was the occupier of the premises, or who had custody or control of the property before it was taken, the right to:

• a record of what was seized, provided within a reasonable time of the request;
• supervised access to inspect it, or to be given photographs or copies.

An officer may refuse access or copies only where they reasonably believe it would prejudice the investigation, another investigation, or resulting proceedings. Separately, privileged material should be excluded from seizure and examination altogether, and you can ask for the return of anything no longer necessary to retain.

None of this happens automatically. It happens when someone asks for it in writing, citing the section.

Has your property been seized? The sooner someone asks the right questions, the better the chance of getting items back and of keeping privileged material out of the investigation. The first conversation costs nothing, and we answer the phone 24 hours a day.

Common questions

What is Section 19 of PACE?

Section 19 of the Police and Criminal Evidence Act 1984 (PACE) allows an officer who is lawfully on premises to seize anything they reasonably believe is evidence of an offence, or was obtained in consequence of one, where seizure is necessary to prevent it being concealed, lost, altered or destroyed.

How long can the police keep seized property?

Only as long as is necessary in all the circumstances, under Section 22 of PACE, and only for defined purposes such as evidence, forensic examination or establishing ownership. Section 22(4) prevents retention where a photograph or copy would be sufficient.

Can the police seize property without a warrant?

Yes, where they are already lawfully on the premises. Section 19 is not a power of entry: it applies once an officer is there lawfully, whether under a warrant, by consent or under another power.

Can the police keep my phone indefinitely?

No. Retention must remain necessary, and once the device has been imaged, the justification for holding the handset is often gone. In practice, devices are held for months because nobody asks for their return.

Do I have to give the police my passcode?

Not voluntarily. But if you are served with a formal notice under Section 49 of RIPA 2000, failing to comply is a separate criminal offence.

How do I get my property back from the police?

Start by asking in writing and identifying why retention is no longer necessary. If that fails, an application can be made to the magistrates' court under the Police (Property) Act 1897 for an order that the property be delivered to its owner.

Contact our criminal defence lawyers today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

Contact us today:

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Or email: solicitors@jdspicer.co.uk

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By James O'Donnell, Partner, Crime, Serious Cases and Appeals. This guide states the law of England and Wales. It is general information, not advice on your case.