Do I have to give police my phone PIN or passcode?

What you should do now

If an officer asks for your PIN, passcode, or biometric unlock, pause. Ask whether they are making an informal request or serving a formal notice. Request a solicitor under PACE section 58 before you unlock anything or type a code.^[6]

Informal requests at the station or on the street

Police often ask people to "just unlock it so we can rule you out". That is not the same as a legal requirement. You may decline an informal request. Refusing may mean they rely on other powers, but you should not guess your way through that trade-off alone.

In interview, silence about how a device was used can interact with adverse inference rules if you later rely on facts you did not mention when questioned under caution.^[5] That is separate from whether you must hand over a PIN. I weigh both issues in the consultation room before you touch the phone.

RIPA section 49 notices

The Regulation of Investigatory Powers Act 2000 section 49 allows certain authorities to give a notice requiring disclosure of a key or password to protected information (for example encrypted data on a handset).^[1] Schedule 2 sets out who has "appropriate permission". For material seized by police, a superintendent (or an officer with their permission) may have that permission in many cases.^[3]

Section 53 makes it an offence knowingly to fail to comply with a valid section 49 notice.^[2] I check whether the notice is valid, whether the authorisation is in place, and whether there are grounds to challenge it. I cannot promise an outcome, but I can stop you answering under pressure without understanding the risk.

Investigatory Powers Act 2016

Some investigations use powers under the Investigatory Powers Act 2016, including equipment interference warrants in serious cases.^[4] That regime is not the same as a custody officer asking for your passcode at the desk. If you are told a warrant or notice exists, ask to see it and get advice before you comply.

Seizure is not the same as unlocking

Police may already hold your phone under PACE seizure powers while they seek access to data. For how long they can keep the device, see our can police take my phone guide. This page focuses on PINs, passcodes, and formal disclosure notices.

Practical steps

• Note the officer's name, collar number, and the exact words used.
• Ask for any notice in writing and keep a copy.
• Do not change passwords or wipe devices while police hold them.
• If you are under arrest or invited for interview, use the contact pathways on this site to request representation.

When to get a solicitor

In my experience, people unlock phones at the desk because they think it looks cooperative, then regret it in interview. Speak to me before you unlock a phone, before you sign anything, and immediately if you receive a section 49 notice. Advice at a police interview under caution is free under legal aid and is not means-tested. I attend Kent custody and voluntary suites during extended hours.