Getting Your Property Returned By The Police In The UK

Getting Your Property Returned By The Police In The UK

Getting Your Property Returned from the Police

When the police seize property during an investigation, you have rights regarding its return. Understanding these rights is essential for protecting your interests.

When Can Property Be Seized?

Under section 19 of the Police and Criminal Evidence Act 1984 (PACE), police can seize property if:

• It may be evidence of an offence
• It may be used to cause physical injury or damage
• It is necessary for the investigation

How to Request Return of Property

To request the return of your property:

1. Contact the officer in charge of your case or the police station where property is held
2. Provide proof of ownership where possible
3. Request return in writing if necessary
4. Seek legal advice if property is not returned promptly

Time Limits for Property Return

There is no specific statutory time limit for property return, but police should return property when it is no longer needed for the investigation. If property is not returned within a reasonable time, you may need to make a formal complaint or seek legal advice. In some cases, you may need to apply to the magistrates' court for an order for return.

Your Rights

You have the right to know why your property was seized and when it will be returned. If property is retained for an unreasonable period, you may be entitled to compensation. An accredited police station representative can advise you on your rights and help secure the return of your property.

Police Powers to Seize Property

Under section 19 of PACE, a police officer lawfully on premises may seize anything they have reasonable grounds to believe is evidence of an offence, or has been obtained in consequence of the commission of an offence. Under section 22, property may be retained for as long as is necessary for investigation or court proceedings.

Your Rights Regarding Seized Property

You have the right to a record of anything seized under section 21 of PACE. You may request access to examine or photograph seized items. The police must not retain property longer than necessary, and you can apply for its return once proceedings have concluded or if no charges are brought.

How to Get Property Returned

To request return of property, you should write to the police force that seized it, providing proof of ownership where possible. If they refuse, you can apply to the magistrates' court under the Police (Property) Act 1897 for an order directing the return of your property.

Compensation for Damage

If the police damage your property during a search or seizure, you may be entitled to compensation under section 22(4) of PACE. Claims should be made to the relevant police force's legal department.

Further Information

For more information about police station representation and your legal rights, visit our Duty Solicitor Services page. If you have been invited for a voluntary interview, see our guide on Voluntary Interview Advice. For local services, check our Kent Police Stations guide.

Frequently Asked Questions

References

• Police and Criminal Evidence Act 1984, section 19
• Police and Criminal Evidence Act 1984, section 21
• Police and Criminal Evidence Act 1984, section 22
• Police (Property) Act 1897