How long can the police keep your phone for investigation?

If you have been arrested, the police can seize your personal possessions, like your mobile phone, if they have “reasonable belief” that it contains information relevant to their criminal investigation.

In this article, we discuss how long the police can keep your phone during an investigation, how long it takes to analyse your phone, if you get it back once the investigation ends (or earlier), and if you can request that it be returned early to you.

How long can police keep my phone for during an investigation?

The police can keep your phone for as long as they like whilst your case is open. There are no laws that state they must complete their analysis in a specific timeframe and return your devices.

They may keep your phone for the entire duration of their investigation before you even receive any charges. This could be weeks, months, or even years.

If you are charged, they may keep the phone even longer so they can use it as evidence for your trial.

In some cases, the police may never return your phone. They may simply destroy it once the case is formally closed if:

• Illegal material is found on it (e.g. indecent images, hacked/stolen data).
• If they believe it was purchased using money acquired from criminal activity.
• If it was used to commit or facilitate a crime.
• If you stole or were loaned the device.

How long does it take for police to examine a phone?

The time it takes for police to forensically examine a phone depends on many factors including:

• The priority of your case (more serious crimes are investigated more urgently).
• Whether you provide passwords/PINs to access the phone or they need to do extra work to unlock the phone.
• Requests to third-parties to access data on the phone.
• The backlog of evidence to analyse.
• The type and volume of evidence required (extracting call logs is easier than retrieving deleted files from apps).

It could take many weeks and months, or even over a year to process forensic analysis of your mobile device.

Will I get my phone back after the investigation?

Again, this depends. If you are released with no charges and no further action, you can expect to receive your phone back once the investigation concludes.

If you are charged, you may not receive your phone back if the police require it as evidence if the case goes to trial.

As we mentioned, you may not ever get it back if it contains illegal material, was used to commit a crime, was purchased using funds from criminal activity, or if it doesn’t actually belong to you.

Can I request that my phone is returned to me?

Yes, you may request that your phone is returned to you, but you still might not receive it back (or at least not as quickly as you hope).

You can request for your phone to be returned early for reasons such as:

• You need it for personal/business reasons.
• The police have completed their forensic analysis and it’s not necessary for them to keep it.

You can make the request yourself or instruct your solicitor to request on your behalf. You may need to provide proof that you require the phone back early.

If the police deny your request, you can also ask for a copy of the data on your phone (if the police have already analysed the phone).

The police are investigating my phone – what do I need to do?

If the police are holding your phone as potential evidence for a criminal offence, it’s important that you seek legal representation as soon as possible, if you have not already done so.

Whether you have been released on bail or released under investigation, you may have a prime opportunity to initiate pre-charge engagement. This is where you can make a case with your solicitor to persuade police to drop the case before any charges are made.

The pre-charge solicitors at Holborn Adams are ready to help you. Please give us a call today.

Holborn Adams