Getting property back from the police
The police can keep what they seize only for as long as it is needed. When that reason has gone, we write to the force on your behalf, explain why the property should be returned, and set out the route if it is not.
How long the police can keep property
Property is often seized under the Police and Criminal Evidence Act 1984 (PACE). Section 22 allows the police to keep it for as long as is necessary in all the circumstances. That includes keeping it for use as evidence at a trial, for examination as part of an investigation, or to establish who the lawful owner is where there are reasonable grounds to believe it was obtained by an offence.
Section 22 also limits that power. Property cannot be kept for use as evidence or for an investigation if a photograph or copy would be enough for that purpose. Once the reason for keeping it has gone, for example because an investigation has ended with no further action, the force should usually return it to the person entitled to it.
If you were not given a record of what was seized, you can ask for one. Under section 21 of PACE, the police must provide it, on request, within a reasonable time to the person who had the property or the occupier of the premises it was taken from.
Some property is held under other powers, such as the Proceeds of Crime Act 2002, the Misuse of Drugs Act 1971, firearms legislation or a court order for forfeiture. Different rules apply to those, and some items cannot lawfully be returned at all.
The Police (Property) Act 1897
Where the police hold property in connection with the investigation of a suspected offence, section 1 of the Police (Property) Act 1897 allows a magistrates' court, on an application by the police or by a person claiming the property, to order it to be delivered to the person who appears to be the owner.
That application is a court process. If a force refuses to return property, or does not answer, you can make the application yourself or instruct a solicitor to make it. We explain how the route works and what the court is likely to want to see, but we do not make the application, complete court forms for you, or attend court.
Three steps
We gather the facts
What was taken, when, by which force and under what power, the reference on any receipt or record, and what has happened in the case since.
We write to the force
A formal letter asking for the property to be returned, setting out who is entitled to it, why it is no longer needed, and the date by which we ask for a reply.
We follow up
If the force refuses, we ask for its reasons in writing and explain your options, including an application to the magistrates' court that you would make yourself or through a solicitor.
What we do
- Find out which force holds the property and the power it was seized under
- Write to the force requesting return and setting out your entitlement
- Ask for written reasons if the force wants to keep it
- Make a subject access request for related records where that helps
- Complain to the force if property has been lost, damaged or kept without good reason
- Explain the Police (Property) Act 1897 route if the force refuses
What we do not do
- Make an application to the magistrates' court, or appear at a hearing
- Deal with cash seized, or bank accounts frozen, under the Proceeds of Crime Act 2002. Those are court proceedings with short time limits, and we refer them to a solicitor.
- Advise on an ongoing investigation, or on how the property was obtained
- Ask for the return of items that would be unlawful to possess
- Bring a court claim for compensation for lost or damaged property
If the investigation is still open
The return of property may be linked to a case that is still being investigated or is going to court. Speak to a criminal defence solicitor about the case itself. We deal only with the property request, and we do not need, and should not be told, anything about the allegation. What you tell us is not protected by legal professional privilege.
Common questions
How long should I wait before asking for my property back?
There is no fixed period. If you have been told that no further action will be taken, or the case has finished, ask straight away. If an investigation is still open, the force may be entitled to keep the property for now, but it can still be asked whether a photograph or a copy of the data would be enough.
The police say my property has been lost or damaged. Can you help?
We can make a complaint to the force about how the property was handled. A claim for compensation is a separate court matter, and we refer it to a solicitor.
My vehicle was seized. Is that the same process?
No. Vehicles seized for being driven without insurance or a licence, or for anti-social use, are dealt with under separate rules. Storage charges build up and an unclaimed vehicle can be disposed of after a short period, so act at once. Send us the paperwork and we will tell you what can be done.
Our status
Appeal Specialists is an independent consultancy, not a law firm. We are not solicitors or barristers and we are not regulated by the Solicitors Regulation Authority or any other legal regulator, so you cannot complain about us to the Legal Ombudsman.
We provide non-reserved legal services only. We do not conduct litigation, file or serve court documents, or accept service of court documents for you. Where the law allows, we can speak for you at a small-claims hearing or a tribunal, but only with your agreement and, at small-claims hearings, only if you attend.
What you tell us is not protected by legal professional privilege. We never hold your money. We work on matters in England and Wales only. We do not guarantee any outcome.
All correspondence by email
We deal with everything in writing, so every point and every deadline is on the record. If you are replying to a letter from us, please quote our reference.