Return of Property seized by the police

Clients often ask us how they can go about having their property returned to them by the police.

The police seize property routinely in the course of investigations. Property can be seized from you at the police station or through a search of premises. Those items will be retained by the police to be analysed or for a decision to be made about whether it will be used as evidence in the case.

If your property has been seized during an investigation or proceedings before a court, you are entitled to recover it from the police as long as it is not an exhibit, or of an illegal nature (such as drugs).

For a free initial consultation on your legal position and the available options, contact our local offices in London, Birmingham or Manchester.

Once your case has finished and the officers have no further need for the items, they can be released to you.

Your property is normally held at the police station where you were arrested.

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This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
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Personal items such as your wallet or purse are more likely to be returned to you when you leave the police station as, usually, they will hold no evidential value.

Property such as phones, computers or, iPads that require analysis are likely to be retained as evidence. There are legal mechanisms by which the police can be required to provide you with a copy of what they have seized even before the case has concluded. That can be important if you are running a business and need your records.

Items of clothing or items which the police believe were used to help in committing an offence are also likely to be retained as evidence. Any large amounts of money found in your possession may also be subject to investigation and could be the subject of further proceedings even if the investigation in which it was originally seized has concluded.

The police must now consider releasing suspects on Pre Charge Bail where a case is ongoing.

The police must follow a set of rules by law. Read more about the recent Pre-Charge Bail law updates here.

If you run into difficulties with the process we are more than happy to provide assistance.

Although this is not covered by Legal aid, we will be able to assist you on a private basis.

Please note that our costs may outweigh the value of your items, so we would generally advise that you contact the Police directly first. If the Police are not assisting you, you can make a complaint to a senior police officer, such as the Inspector for your local police station. You could also visit your local magistrates court and make an application for your property to be returned.

To complain about the police services, you can contact them directly or contact the Independent Office for Police Conduct (IOPC)

Please contact 020 7624 7771 and we can advise you of our charges.

How long can the police hold your property without charges?

In most cases, property seized by the police can be held up until a case has been resolved and the officers have no further need for the items. This is except for any items which are an exhibit, or of an illegal nature (such as drugs).

The return of property from the police cannot be made until it has been authorised for release by the officer in charge of the case.

How to get your property back from the police

Property that has been seized during an investigation will usually be held at the police station where you were arrested.

To ensure that you can recover property seized by the police, it is important to make a note of the following details:

The name of officer in your case
Your custody number
The date of your arrest
The date the property was taken from you.

When you are informed that your case has been resolved, you can then make an enquiry about the recovery of your items. Liaising with the officer handling your case will usually be the most effective way of recovering your property quickly and securely.

If you have been released under investigation, or on pre-charge bail, it may also be possible to make an application for the return of your property under Section 22 of the Police and Criminal Evidence Act 1984.

Can you make an application for the return of property seized during criminal investigations?

As mentioned above, if you have been released under investigation, or on pre-charge bail, you will have the right to make an application for the return of your property from the police.

Section 22 of the Police and Criminal Act 1984 states that confiscated property cannot be held if a suitable photograph or copy can be made and would be sufficient for the purposes of being used as evidence or for examination in connection with an offence.

What happens if the police lose your property?

In certain situations, you may be able to ask the police for compensation if they have lost or damaged your property.

An application with details of the lost property, or damaged property, will need to be filed. Compensation is not automatically provided.

What if the police refuse to return your property?

If you are having difficulties in getting property back from the police, you may need to speak to a specialist criminal defence solicitor.

Our team will be able to review your case and advise you on the options available to you if your property has been seized by the police unlawfully.

Contact our criminal defence lawyers today

For a free initial consultation, urgent specialist advice or immediate representation with regard to the return of property seized by the police, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham or Manchester by telephone on:

Brent & Camden London Office: 020 7624 7771
Manchester Office: 0161835 1638
Birmingham Office: 0121614 3333
City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

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