Recovering Property Seized by the Police
In a previous article entitled ‘Police Powers of Seizure of Property’ we explained the range of powers that enable the police to seize property when considered necessary to assist a criminal investigation and to preserve evidence.
When conducting a criminal investigation, the police are entitled to retain seized items until the conclusion of that investigation and any subsequent prosecution before a court, where such material is relevant.
However, property seized during a criminal investigation or proceedings before a court which is not an exhibit, an item of an illegal nature, such as drugs or an offensive weapon or is suspected of having been stolen, is returnable.
Mohammed Ahmed of KANGS outlines the governing legislation.
The Relevant Legislation
Retention
Police and Criminal Evidence Act 1984 (‘PACE’)
Section 22 provides:
Anything which has been seized by a constable or taken away by a constable following a requirement made by section 19 (General power of seizure) or section 20 (Extension of powers of seizure to computerised information), may be retained so long as is necessary.
Anything seized for the purposes of a criminal investigation may be retained, save for where a photograph or copy would suffice:
- for use as evidence at a trial for an offence or
- for forensic examination or for investigation in connection with an offence
Anything may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.
However, when a person is no longer in police detention or the custody of a court, or has been released on bail, an item seized from that person on the basis that it may be used to:
- cause physical injury to any person,
- damage property,
- interfere with evidence or
- assist in escape from police detention or lawful custody
may not be retained.
Can I Recovery My Seized Property?
Police Property Act 1897
Section 1. Power to make orders with respect to property in possession of police.
Where any property has come into the possession of the police in connection with their investigation of a suspected offence, a Magistrates’ Court may on application by a police officer or a claimant of the property, make an Order for:
- the delivery of the property to the person appearing to the Court to be the owner thereof or, if the owner cannot be ascertained,
- dealing with the property as the Court considers appropriate.
Any person may initiate legal proceedings against the person in possession of the property under the terms of the Order within six months of the Order.
An application should be brought before the Magistrates’ Court. However, if it is complex, it may be brought before a County Court or the High Court. The application must be brought within six years from the date when the property was seized.
On hearing the application, the court may:
- order delivery of the property to the owner,
- decline to return the property to its owner if, for example, it had assisted in or encouraged a crime,
- find in favour of one or more interested parties,
- where the property comprises of money, order it to be delivered to the police property fund, or
- make such Order for delivery of the property as considered appropriate.
How Can We Assist?
Given the wide powers held by the police, they can seize property of every nature whether it be of little monetary value to expensive jewellery. In many instances, the items simply carry sentimental value, the loss of which causes stress and worry.
It is not uncommon for seized items to be lost, misplaced or damaged, resulting in a lack of cooperation when efforts are made to retrieve these items. In such circumstances, the assistance of skilled and experience criminal defence lawyers will be essential to secure the recovery of your items.
If the items are being held by the police pursuant to the terms of the Proceeds of Crime Act 2002 (POCA), our experienced team of POCA & Asset Forfeiture lawyers will be able to assist.
The team at KANGS provides enormous experience gained from assisting and guiding clients over many years in the recovery of their assets.
If we can be of assistance, please do not hesitate to contact us without delay.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.
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