How do I get my property back from the police?

Have the police seized your property and you want or need to get it back? You may or may not be able to get it back from the police. It largely depends on the reason your property was seized and the status of the investigation.

In this article, we’ll discuss how you can request that your property be returned by the police.

How to get your property back from the police before you are charged

It is still possible to request that your property be returned before you ever receive formal charges (if you ever are charged).

The police are allowed to retain your property as long as it is relevant and helpful for their ongoing investigation.

To request it is returned, you will need to put in a formal, written request to the officer in charge of your case. It is best to ask your defence solicitor to do this on your behalf. The request will outline clear reasons why you believe the property should be returned, such as you really need it for your work.

The police can refuse if they still believe they need to hold on to it for their investigation. You can ask them for an official seizure notice outlining the specific reasons why they are retaining it.

How to get your property back from the police if you are released with no further action

If the police drop the case and release you with no further action, the police likely do not need your property anymore. They may offer to return it or you may need to ask for it back, depending on their priorities at the time.

You can contact the Officer in Charge or the police station where the property is held to request that it is returned.

If they refuse to return your property, you will need to apply to the Magistrates’ Court for a restoration order under the Police (Property) Act 1897.

How to get your property returned if you are charged

If you are charged, it’s likely that the police will still retain your property as evidence for court proceedings. You will not have this property returned until the case is resolved.

If some of your property is not needed for court proceedings, you can make a written request to the officer in charge, or the property officer at the station where your items are held. The police will decide whether or not they require it and will begin the returns process if they don’t require it.

If the police refuse, you can appeal with the Magistrates’ Court.

Some of your property may never be returned. Anything that is illegal to possess in the UK, contains illegal material, was stolen, or bought with the proceeds of crime, will not be returned.

Eager to get your property back?

It is stressful when the police seize your property – the unknown of when or if you will get it back can weigh heavy on your mind. This is especially true if you need these items to make your work or personal life easier.

The defence solicitors here at Holborn Adams can take on your case no matter where you are in criminal proceedings. We do believe that the earlier you get in touch the better, so if you have not yet been charged, this is a critical period – you can initiate pre-charge engagement where you make your case as to why you shouldn’t be charged (and your property returned to you).

Speak to our pre-charge solicitors today for more information.

Holborn Adams