How long can the police keep your property?

There are a whole host of inconveniences associated with police investigations. From having to take time off from work for interviews, to the significant amount of stress that the whole thing can place you under, it’s important that you hold an overview of what to expect in mind throughout the experience. 

One added and often annoying complication is the police confiscating your property as part of the investigation. Here, we explore the legal framework that allows them to do so, with an emphasis on determining how long this deprivation of property is legally permissible. 

If you are currently the subject of a criminal investigation, then it’s important to speak about these kinds of issues with your criminal defence solicitor. They will be able to provide a more accurate estimate on how long it will take for you to be reunited with your possessions, based on the details of your case that they will be familiar with.

 

The legal framework

There are a number of acts which inform how long the police can hold onto your property for. Which act is relevant will partially depend on the kind of property that has been taken from you, and why the police decided it was appropriate to take it.

 

The Police and Criminal Evidence Act 1984

One of the main acts that outlines the legal framework for how police hold onto your property is the Police and Criminal Evidence Act 1984, also known as PACE. 

Under PACE, property can only be legally seized so long as it is necessary for the investigation at hand. That could be because they need to use it as evidence, need to pursue further enquiries as to its origins, or confirm who the legal owner is. Once it is no longer required, by law, it should be returned to you as soon as possible.

Timelines

With assets that are being held under PACE, there is no set timeline as to how long it can take. If it’s possible to make a copy or take a photograph of the evidence, then it’s possible (but not certain) that it can be returned to you. 

Once the reason for the evidence being held is no longer valid – such as the investigation coming to a conclusion – then the evidence must be returned. This could be in a matter of weeks, however in the vast majority of cases, it will more likely take months or even in some cases years. 

 

The Proceeds of Crime Act 2002

Police can also seize your property under the Proceeds of Crime Act 2002, also referred to as POCA. Under this act, the police are able to seize property that they believe has been attained through criminal activity. They can do this in a number of ways, such as by using an Unexplained Wealth Order (UWO). 

While property seized under PACE should be returned when it is no longer necessary for the investigation, with property seized under POCA, this is not necessarily the case. If it can be proven that the property that has been seized is related to criminal activity, then it’s possible that it will be taken permanently.

Timelines

With cash seized under POCA, it can only be held for up to 48 hours in the absence of a court order. However, with the support of a court, this can be extended up to a maximum of two years. After this, if the assets are not permanently seized, they should be returned. 

If your assets are subject to a restraint order under POCA, however, then it is possible that your access to those assets may be restricted indefinitely. These orders remain in place until lifted by the Crown Court, either due to your own successful application or due to the way that the legal proceedings go.

 

Other forms of seizure

There are also other ways that property can be seized, such as cars under the Road Traffic Act 1988. It’s important that the solicitor who is helping you with your case is familiar with the various acts that can be used to seize assets, so that they know which avenue will be most effective in order to get those assets returned as quickly as possible. 

 

Arguing your case

While in some cases, it is simply necessary to wait for the process to play itself out, there are some circumstances where it can be appropriate (or even necessary) to play a more active role.

For example, if you have had assets seized under POCA, you will likely need to show the legal origins of those assets in order to have them returned. In some circumstances, this can be relatively straightforward; however, in others, it can require substantial amounts of work with lawyers and accountants. 

With possessions seized as evidence under PACE, you can also make a request to the police that they be returned to you. You can strengthen this argument by showing how those items are necessary for you, such as to live a normal life or to earn a living. However, this does not guarantee that they will be returned. 

 

Civil court burden of proof

It’s important to note that cash forfeiture proceedings that result from POCA asset seizures take place in civil courts. In civil courts, the burden of proof is much lower, being based on the ‘balance of probabilities’ rather than ‘beyond reasonable doubt’. 

Due to this, it’s possible that you can be found innocent of criminal wrongdoing in a criminal court, but find that there is enough evidence for the court to legally take your assets from you permanently. It’s important to commit sufficient time and resources to building your case in these situations; if the police think it’s appropriate to pursue forfeiture, then they may have a strong case that requires an even stronger defence from your side.

The legal frameworks through which the police can seize property are clearly vast, and often difficult to understand. As a result, it’s important to work with an experienced criminal defence solicitor, to ensure that you take the right steps going forward to protect your rightful property.