Can the police take my phone without my permission?

Have you had your phone confiscated by police, or worried that it will be taken soon? It’s important to know your rights so you can take the best steps for your defence case.

In this article, we’ll discuss whether the police are allowed to confiscate your phone and access the data on it without your permission.

Can the police confiscate my phone?

Yes, the police are allowed to confiscate your phone without your permission. The Police and Criminal Evidence Act (1984) gives the police the authority to seize and hold on to property that they believe is relevant to their investigation.

They may believe it is relevant for many reasons like:

• They believe it was used to commit a crime.
• They believe it may contain information about a crime you committed.
• They believe you may try to destroy the phone and evidence on it.
• They believe it may have been purchased with the proceeds of crime.

When the police seize your phone, they must provide you with a written receipt for the phone alongside explicitly outlining why they seized it. They will let you know that you have the right to have your phone returned when it is no longer needed by the police. They must follow proper protocols to ensure evidence found on it can be submitted in a court setting.

Can the police force you to unlock your phone?

In most cases, you do not legally need to give the police your PIN or password to access your phone.

If the police deem it necessary, they can request that the court issue a Section 49 notice under the Regulation of Investigatory Powers Act (2000) to force you to hand over your PIN or password or face up to 2 years imprisonment.

The police have other methods of extracting data from your phone, even if you won’t give them the security codes to unlock it.

Can they extract data from my phone without permission?

Yes, the police can extract data from your phone without your permission. Under the Regulation of Investigatory Powers Act (2000) , the police have the authority to access and retrieve data from your phone without your permission, if they believe it will assist their investigation.

Worried about your phone?

If you’re concerned that your phone may be seized by police, or if it already has been, it’s critical you seek legal support as soon as possible, if you haven’t already.

The police have sophisticated data extraction methods so they may very well find incriminating evidence on your phone, whether you are innocent or not. You need professional legal support to begin building a defence – the sooner the better.

Before you are formally charged with a crime, you can instruct your solicitor to initiate pre-charge engagement, a process where you present a case to the police as to why you should not be charged.

At Holborn Adams, our pre-charge solicitors are here to help. Please don’t hesitate – pick up the phone today.

Holborn Adams