How long can police hold your property without charges?

Have you had your property seized by the police in relation to a criminal investigation?

In this article, we’ll discuss how long the police are legally allowed to hold your property without charging you.

How long can the police hold on to your property without charging you?

The length of time the police can retain your property without charging you depends on the circumstances.

Under Section 19 of the Police and Criminal Evidence Act (1984) Act, police can seize property if they believe it is relevant to a criminal investigation. Section 22 allows them to keep the property as long as is necessary to assist with their investigation or for use in criminal proceedings.

Police guidance states they should only hold on to your property for 28 days without charging you, but there is no strict legal limit. They can apply for an extension to keep hold of it for longer if they need more time to decide whether to charge you.

Essentially, the police can hold onto your property for as long as they like (months or even years), as long as they can justify that it is necessary for their investigation. And there is no legal time limit for how long they can investigate you, for most crimes.

When can I expect to get my property returned by the police?

It’s hard to say exactly how long you can expect to wait to have your property returned by the police. It depends on whether you are charged, what property they seized, their internal resources, and more.

If you have not yet been charged and the police are analysing the evidence, be prepared for a potentially very long wait. For example, it can take the police months or even over a year to complete analysing your phone due to lengthy backlogs of devices to be analysed, and more.

If you are not charged (and no further action is taken), and your property is not required for any further investigations or criminal proceedings, you’ll have your property returned to you – but it can still take several weeks for the police to coordinate this.

If you are charged and the property is required for an investigation, the police will hold on to it until the end of your court case.

If your property is found to contain illegal material or was purchased using the proceeds of crime, then you will never have it returned to you. The police will dispose of it.

Can I ask the police to return my property earlier?

You can ask the police to give you your property back earlier, but they may refuse.

To ask for your property to be returned early, you have to make a formal request in writing to the police outlining why you feel it should be returned. This could be due to you needing it for work or personal reasons. It is best to get your solicitor to do this on your behalf to make the best possible case.

They can refuse to return your property and there isn’t much you can do aside from making an official complaint if you still disagree with their reasoning.

What to do if police are holding on to your property

If the police are holding on to your property as part of a criminal investigation, and you are a suspect, it is important to have the right legal support. If you have not been charged yet, this is a critical time to clear your name.

At Holborn Adams, we encourage pre-charge engagement wherever possible – this is a process where you make a case to the police as to why you should not be charged. If successful, we can save you a great deal of time and stress from being under investigation – and get your property back in your hands quicker.

Please contact our pre-charge solicitors today.

Holborn Adams