Police may keep your phone while it is needed as evidence or for examination, but they cannot hold it indefinitely. If seizure was lawful, ask the officer in the case when it will be returned, follow up in writing, and if it is still retained without good reason you can apply to the magistrates’ court under the Police (Property) Act 1897.
Police Station Agent is a private defence website operated by Robert Cashman — NOT Kent Police and not any government agency. Legal services are delivered through Tuckers Solicitors LLP (SRA ID: 127795).
Key takeaways
- Whether police can take the phone at all is separate — see our can police take my phone guide.
- PACE section 22 governs retention of seized property.
- Start with the officer in the case (OIC), then a written request; court application is a later step.
1) Why police still have your phone
After lawful seizure (often under PACE section 19 during a search), police may retain property while it is needed for evidence, for forensic examination, or for use in court. That need must be kept under review.
2) PACE section 22 — retention and return
Section 22(1) provides that seized property may be retained so long as is necessary in all the circumstances (subject to subsection (4)). Section 22(4) bars retaining anything for use as evidence at a trial, or for forensic examination or for investigation of an offence, if a photograph or copy would be sufficient for that purpose. If you are released under investigation or on bail, phones are often held longer while downloads are completed — timescales vary widely by force and case type.
3) Practical steps: OIC and written request
- Note the crime reference, seizure details, and property reference if given.
- Ask the OIC when examination will finish and when return is expected.
- Follow up in writing (email or letter) asking for return or a written explanation of continued retention.
- Do not interfere with any ongoing investigation; keep copies of correspondence.
4) Police (Property) Act 1897 — magistrates’ court
If police refuse return and you believe retention is no longer justified, you may apply to the magistrates’ court under the Police (Property) Act 1897 for an order for delivery of the property. Procedure and forms are court-specific; consider instructing a solicitor for the application.
5) PIN codes and downloads
Separate rules apply to requiring passcodes under the Regulation of Investigatory Powers Act 2000. See can police take my phone for seizure and PIN issues — this article focuses on how long retention may last and getting the device back.
Related guides
Sources
Sources checked: 1 October 2026.
- Police and Criminal Evidence Act 1984 — legislation.gov.uk
- PACE Code C 2023 — GOV.UK
- SRA register — Tuckers Solicitors LLP (127795)
- PACE 1984, section 22
- Police (Property) Act 1897
General information only — not legal advice about any individual case. While every care is taken to keep information accurate, errors may occur and the law changes. Do not rely on this page instead of advice from a qualified solicitor. If you believe something is incorrect, contact us to report a content error. Legal services are provided by Tuckers Solicitors LLP (SRA ID: 127795).