How can you get your property back from the police?

When you find yourself the subject of a police investigation, there are all sorts of annoying consequences that can have an impact on your life. From restrictions on travel to sorting out an (often costly) legal defence, it’s imperative that you take every part of this process as seriously as possible. 

One area that’s often overlooked is the impact of having your property confiscated by the police. Here, we explore how that process works, looking at everything from the legal frameworks that allow the police to take your property in the first place, to some ways that you can go about getting it back. 

If you find yourself in a position like this, it’s imperative that you also seek advice directly from a criminal defence solicitor. They’ll be able to gain a more specific understanding of the situation you’re in, and base their advice on the nuances of your personal case.

 

The legal framework behind confiscation

There are a number of laws under which the police can take your property from you. 

PACE 1984

In most cases, if the police have taken your property, it will have been done under section 19 of the Police and Criminal Evidence Act 1984 (often simply referred to as PACE). 

This act provides a wide range of reasons why a constable might be allowed to seize property. Essentially, this boils down to circumstances where the police believe that the property was obtained through the offence, must be seized in order to prevent it from being concealed, damaged, or destroyed, or if it can be considered evidence in the trial and must also be protected from loss or damage. 

According to which of these reasons is behind the seizure, it will either be considered a ‘Used’ or ‘ Unused’ exhibition in your trial. If ‘Used’, then it will be presented as evidence by the Prosecution (often the Crown Prosecution Service, or CPS). If ‘Unused’, then it will not be relied on as evidence.

POCA 2002

There can also be situations where property will be seized under the Proceeds of Crime Act 2002 (often referred to as POCA).

When using POCA, the police will primarily be seeking to gain control of assets and property that are believed to have been gained through criminal activity. Unlike with evidential seizures, property that is seized under POCA will not simply be released at the end of the investigation, when it is no longer relevant. 

 

Getting the property back

How long it takes to get the property in question back can depend on a number of factors, the most consequential of which is the reason that the property was seized.

PACE 

If you’ve been arrested, then some of the property that was seized from you during the arrest (such as watches, wallets and other personal items) should all be returned when you leave custody.

Items that were seized due to their relevance to the criminal investigation, on the other hand, will be held for longer. Essentially, they can be held until they are no longer relevant to the police investigation – this could be a matter of anywhere from weeks to years. In most cases, it will be somewhere between those two extremes.

POCA

With property seized under POCA, the timeline is slightly different. Unlike with evidence seized under PACE, assets that are seized under POCA won’t always be automatically handed back to you after the investigation has come to an end. 

Initially, the property can only be seized for 48 hours. After this, the court will be able to extend this for a further 2 years. It’s possible that these assets will be taken permanently, and the critical thing to realise is that recovery in these cases takes place in civil courts.

What this means is that your property can be permanently seized, even if you have not been found guilty of a criminal offence. Rather than the authorities having to prove beyond reasonable doubt that you gained your property through illegal means, it is your responsibility to show that you earned or gained the assets through legal means. 

This can be a lot more difficult, and requires assistance from solicitors with specialist experience with these kinds of cases. It can be natural to prioritise focusing your efforts on defending against criminal charges, but it’s worth dedicating some attention to this side of things at the same time, if you have also had assets seized under POCA.

 

Property that may not be returned

While cash assets and some pieces of evidence can be retrieved, there are other pieces of property that will likely not be returned. These include prohibited items, such as counterfeit currencies, drugs, illegal weapons and ammunition. Whether you are found to be innocent or guilty, these items will, in most cases, be held onto even after legal proceedings have come to a close.

Expediting the process

In some cases, it might be possible to expedite the process somewhat. For example, if you can argue that certain pieces of evidence (such as laptops or phones) are necessary for you to go about your life as normal, and it’s possible for the police to make a digital copy of the evidence contained on those devices, you may be able to get those specific devices back sooner than if you simply allow things to run their course. 

There is, however, no guarantee that these applications to the police will be effective. It’s worth consulting with a solicitor who has experience in these matters, to see if it’s even worth starting the process before you dedicate time and resources to a potentially useless endeavour.

As with many other aspects of navigating the criminal justice system, when it comes to getting your property back, sometimes you just have to wait. It’s important to consult a criminal defence solicitor who has dealt with similar cases to yours, to see what kinds of processes you may need to initiate. The sooner you start preparing, the better the end result will likely be.