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Police seizure of phones and digital evidence
The police may seize a phone or computer on arrest or during a lawful search if they reasonably believe it is evidence (PACE 1984 ss.18, 19, 32) and may keep it only as long as necessary (s.22). In an ordinary investigation, refusing to give a PIN is not an offence unless a notice under s.49 of the Regulation of Investigatory Powers Act 2000 has been served; knowingly failing to comply with such a notice carries up to 2 years, or 5 years in national security or child indecency cases.
When a phone can be taken
The police need a power to take a device: usually PACE 1984 s.32 (search on arrest), s.18 (search of an arrested person's premises), a s.8 warrant, or s.19, which allows an officer lawfully on premises to seize evidence of an offence to prevent it being lost or destroyed. Criminal Justice and Police Act 2001 ss.50-51 allow removal for sifting off site, with a written notice (s.52) and return of what cannot be kept (s.53).
PINs and passwords
In an ordinary police investigation, refusing to give a PIN is not in itself an offence. Disclosure can be compelled by a notice under Regulation of Investigatory Powers Act 2000 s.49, which needs Schedule 2 permission (for example from a Circuit judge or police superintendent), must be in writing or recorded, and must allow a reasonable time. Knowingly failing to comply is an offence (s.53): maximum 2 years, or 5 years where the notice was given on national security or child indecency grounds. If you had the key before the notice, you are treated as still having it unless you raise evidence otherwise that the prosecution cannot disprove. At ports and borders, Terrorism Act 2000 Sch.7 requires information to be given (see Police interviews under caution and the right to silence).
How long devices are kept
There is no fixed time limit. Under PACE s.22 a device may be kept only as long as necessary, and not if a copy or image would do. The Attorney General's Guidelines on Disclosure 2024 say devices found to hold no relevant material should be returned at the earliest opportunity. To recover a device you can write to the officer in charge, or apply to a Crown Court judge (CJPA 2001 s.59) or the magistrates (Police (Property) Act 1897). You can ask for a record of what was taken (PACE s.21).
Victims and witnesses
Police, Crime, Sentencing and Courts Act 2022 ss.37-44 (in force 8 November 2022, with a code of practice) allow data to be taken from a device its user hands over voluntarily, only with their agreement confirmed in writing, where it is relevant to a reasonable line of enquiry and necessary and proportionate. If other data may be captured, there must be no practicable less intrusive way. In R v Bater-James [2020] EWCA Crim 790 the Court of Appeal said a complainant's device should be downloaded with minimum inconvenience and returned without unnecessary delay.
What investigators look for
Messages, call logs, contacts, photographs, location data, app history and deleted items. Police can also obtain communications data (who, when and where, but not content) from phone and internet companies under Part 3 of the Investigatory Powers Act 2016.
In practice
Keep the seizure notice and ask for anything not needed back. For custody, see Your rights at the police station after arrest. Early advice from a solicitor matters before any interview.
Read the full guide on theodorous.uk
Authorities: Police and Criminal Evidence Act 1984 ss.8, 18, 19, 21, 22, 32; Criminal Justice and Police Act 2001 ss.50-53, 59, 64; Police (Property) Act 1897 s.1; Regulation of Investigatory Powers Act 2000 ss.49, 53 and Sch.2; Terrorism Act 2000 Sch.7 para 5; Police, Crime, Sentencing and Courts Act 2022 ss.37-44 and Extraction of Information from Electronic Devices Code of Practice (in force 8 November 2022); Investigatory Powers Act 2016 Part 3; Attorney General's Guidelines on Disclosure 2024; R v Bater-James and Mohammed [2020] EWCA Crim 790