Phone SeizedUnited KingdomCan police take my phone, and what happens to it?
Can police take my phone, and what happens to it?
What you must do, what you can refuse, and what they can do
Every claim below links to the source it comes from, with the wording quoted so you can check it yourself.
What they can do
A power the law gives them over you or your device.
Where a person has been arrested at a place other than a police station, a constable has power to search the arrested person for anything which might be evidence relating to an offence, but may not do so unless he has reasonable grounds for believing that the person may have concealed on him anything for which that search is permitted; and a constable searching a person in the exercise of the power conferred by subsection (2)(a) may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing that it is evidence of an offence or has been obtained in consequence of the commission of an offence.
Police and Criminal Evidence Act 1984, s.32(1), (2)(a)(ii), (5) and (9)
“A constable may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others.—Subject to subsections (3) to (5) below, a constable shall also have power in any such case— to search the arrested person for anything— which might be evidence relating to an offence—A constable may not search a person in the exercise of the power conferred by subsection (2)(a) above unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph.—A constable searching a person in the exercise of the power conferred by subsection (2)(a) above may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing— that it is evidence of an offence or has been obtained in consequence of the commission of an offence.”
Read it at legislation.gov.ukquote checked 2026-10-01
A constable who is lawfully on any premises may seize anything which is on the premises if he has reasonable grounds for believing that it is evidence in relation to an offence which he is investigating or any other offence, and that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.
Police and Criminal Evidence Act 1984, s.19(3)
“The powers conferred by subsections (2), (3) and (4) below are exercisable by a constable who is lawfully on any premises.—The constable may seize anything which is on the premises if he has reasonable grounds for believing— that it is evidence in relation to an offence which he is investigating or any other offence; and— that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.”
Read it at legislation.gov.ukquote checked 2026-10-01
Under s.19(4), the constable may require any information which is stored in any electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form, if he has reasonable grounds for believing that it is evidence in relation to an offence which he is investigating or any other offence, or that it has been obtained in consequence of the commission of an offence; and that it is necessary to do so in order to prevent it being concealed, lost, tampered with or destroyed.
Police and Criminal Evidence Act 1984, s.19(4)
“The constable may require any information which is stored in any electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form if he has reasonable grounds for believing— that— it is evidence in relation to an offence which he is investigating or any other offence; or — it has been obtained in consequence of the commission of an offence; and — that it is necessary to do so in order to prevent it being concealed, lost, tampered with or destroyed.”
Read it at legislation.gov.ukquote checked 2026-10-02
Section 20(1) provides that every power of seizure conferred by an enactment to which s.20 applies on a constable who has entered premises in the exercise of a power conferred by an enactment shall be construed as including a power to require any information stored in any electronic form contained in a computer and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form. Section 20(2) says it applies to any enactment in an Act passed before the 1984 Act, to sections 8 and 18, to paragraph 13 of Schedule 1, and to any enactment in an Act passed after it.
Police and Criminal Evidence Act 1984, s.20(1) and (2)
“Every power of seizure which is conferred by an enactment to which this section applies on a constable who has entered premises in the exercise of a power conferred by an enactment shall be construed as including a power to require any information stored in any electronic form contained in a computer and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form—This section applies— to any enactment contained in an Act passed before this Act;— to sections 8 and 18 above;— to paragraph 13 of Schedule 1 to this Act; and— to any enactment contained in an Act passed after this Act.”
Read it at legislation.gov.ukquote checked 2026-10-02
PACE Code B para 7.6: if an officer considers information stored in any electronic form and accessible from the premises could be used in evidence, they may require the information to be produced in a form which can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form.
PACE Code B (2023), para 7.6
“If an officer considers information stored in any electronic form and accessible from the premises could be used in evidence, they may require the information to be produced in a form:— which can be taken away and in which it is visible and legible, or— from which it can readily be produced in a visible and legible form.”
Read it at assets.publishing.service.gov.ukquote checked 2026-09-09
Under s.50(1) of the Criminal Justice and Police Act 2001, where each of the following is met, that person's powers of seizure include power under that section to seize so much of what he has found as it is necessary to remove from the premises to enable that to be determined: a person who is lawfully on any premises finds anything on those premises that he has reasonable grounds for believing may be or may contain something for which he is authorised to search on those premises; a power of seizure to which the section applies, or the power conferred by subsection (2), would entitle him, if he found it, to seize whatever it is that he has grounds for believing that thing to be or to contain; and, in all the circumstances, it is not reasonably practicable for it to be determined, on those premises, whether what he has found is something that he is entitled to seize, or the extent to which what he has found contains something that he is entitled to seize.
Criminal Justice and Police Act 2001, s.50(1)
“Where— a person who is lawfully on any premises finds anything on those premises that he has reasonable grounds for believing may be or may contain something for which he is authorised to search on those premises, — a power of seizure to which this section applies or the power conferred by subsection (2) would entitle him, if he found it, to seize whatever it is that he has grounds for believing that thing to be or to contain, and — in all the circumstances, it is not reasonably practicable for it to be determined, on those premises— whether what he has found is something that he is entitled to seize, or — the extent to which what he has found contains something that he is entitled to seize, that person's powers of seizure shall include power under this section to seize so much of what he has found as it is necessary to remove from the premises to enable that to be determined.”
Read it at legislation.gov.ukquote checked 2026-10-02
Section 22(2)(a) says that, without prejudice to the generality of subsection (1), anything seized for the purposes of a criminal investigation may be retained, except as provided by subsection (4), for use as evidence at a trial for an offence, or for forensic examination or for investigation in connection with an offence.
Police and Criminal Evidence Act 1984, s.22(2)(a)
“Without prejudice to the generality of subsection (1) above— anything seized for the purposes of a criminal investigation may be retained, except as provided by subsection (4) below— for use as evidence at a trial for an offence; or— for forensic examination or for investigation in connection with an offence”
Read it at legislation.gov.ukquote checked 2026-10-04
Limits on them
A rule that constrains them, or a remedy you can use.
Subject to subsection (4), anything seized by a constable, or taken away by a constable following a section 19 or 20 requirement, may be retained so long as is necessary in all the circumstances — the quoted provision states a necessity test and no period of days.
Police and Criminal Evidence Act 1984, s.22(1)
“Subject to subsection (4) below, anything which has been seized by a constable or taken away by a constable following a requirement made by virtue of section 19 or 20 above may be retained so long as is necessary in all the circumstances.”
Read it at legislation.gov.ukquote checked 2026-10-02
Under s.22(4), nothing may be retained for either of the purposes mentioned in subsection (2)(a) if a photograph or copy would be sufficient for that purpose.
Police and Criminal Evidence Act 1984, s.22(4)
“Nothing may be retained for either of the purposes mentioned in subsection (2)(a) above if a photograph or copy would be sufficient for that purpose.”
Read it at legislation.gov.ukquote checked 2026-10-02
PACE Code B para 7.14 says anything seized in accordance with the above provisions may be retained only for as long as is necessary.
PACE Code B (2023), para 7.14
“anything seized in accordance with the above provisions may be retained only for as long as is necessary”
Read it at assets.publishing.service.gov.ukquote checked 2026-09-08
Any person with a relevant interest in the seized property may apply to the appropriate judicial authority, on one or more of the grounds mentioned in subsection (3), for the return of the whole or a part of the seized property.
Criminal Justice and Police Act 2001, s.59(2)
“Any person with a relevant interest in the seized property may apply to the appropriate judicial authority, on one or more of the grounds mentioned in subsection (3), for the return of the whole or a part of the seized property.”
Read it at legislation.gov.ukquote checked 2026-09-08
A constable who seizes anything in the exercise of a power conferred by any enactment shall, if so requested by a person showing himself to be the occupier of premises on which it was seized, or to have had custody or control of it immediately before the seizure, provide that person with a record of what he seized.
Police and Criminal Evidence Act 1984, s.21(1)
“A constable who seizes anything in the exercise of a power conferred by any enactment, including an enactment contained in an Act passed after this Act, shall, if so requested by a person showing himself— to be the occupier of premises on which it was seized; or— to have had custody or control of it immediately before the seizure, provide that person with a record of what he seized.”
Read it at legislation.gov.ukquote checked 2026-09-08
Can they just take it?
In the circumstances PACE sets out, officers have the powers below. Under s.32, in a case where the person has been arrested at a place other than a police station, a constable has power to search the arrested person for anything “which might be evidence relating to an offence”, but may not do so unless he has reasonable grounds for believing that the person may have concealed on him anything for which that search is permitted. Section 32(9) adds that a constable searching a person in the exercise of the power conferred by subsection (2)(a) “may seize and retain anything he finds, other than an item subject to legal privilege”, if he has reasonable grounds for believing that it is evidence of an offence or has been obtained in consequence of the commission of an offence. Under s.19(3), a constable who is lawfully on premises may seize anything on the premises if he has reasonable grounds for believing it is evidence in relation to an offence he is investigating “or any other offence”, and that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.
Section 19(3) is worded as a power to seize “anything which is on the premises” where both of those conditions are met.
Getting it in a form they can read
Section 19(4) says the constable may require any information which is stored in any electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form, if he has reasonable grounds for believing that it is evidence in relation to an offence which he is investigating or any other offence, or that it has been obtained in consequence of the commission of an offence; and that it is necessary to do so in order to prevent it being concealed, lost, tampered with or destroyed. PACE Code B (para 7.6) says that if an officer considers information stored in any electronic form and accessible from the premises could be used in evidence, they may require the information to be produced in a form which can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form.
Section 19(4) speaks of requiring information “to be produced in a form in which it can be taken away and in which it is visible and legible”; its words, as quoted, say nothing about a password or about an offence for refusing. Under s.53(1) of the Regulation of Investigatory Powers Act 2000, a person to whom a section 49 notice has been given is guilty of an offence if he knowingly fails, in accordance with the notice, to make the disclosure required by virtue of the giving of the notice. Section 49 notices are covered on the RIPA notice page.
How long can they keep it?
PACE s.22(1) says that, subject to subsection (4), anything seized by a constable, or taken away by a constable following a requirement made by virtue of section 19 or 20, “may be retained so long as is necessary in all the circumstances”. The quoted provision states a necessity test and no period of days. Section 22(2)(a) says that, without prejudice to the generality of subsection (1), anything seized for the purposes of a criminal investigation may be retained, except as provided by subsection (4), for use as evidence at a trial for an offence, or for forensic examination or for investigation in connection with an offence. Section 22(4) says nothing may be retained for either of the purposes mentioned in subsection (2)(a) if a photograph or copy would be sufficient for that purpose.
Code B para 7.14 states a similar test for officers: “anything seized in accordance with the above provisions may be retained only for as long as is necessary”.
Seize first, sift later
Section 50(1) of the Criminal Justice and Police Act 2001 says that, where each of the following is met, that person’s powers of seizure “shall include power under this section to seize so much of what he has found as it is necessary to remove from the premises to enable that to be determined”: a person who is lawfully on any premises finds anything on those premises that he has reasonable grounds for believing may be or may contain something for which he is authorised to search on those premises; a power of seizure to which the section applies, or the power conferred by subsection (2), would entitle him, if he found it, to seize whatever it is that he has grounds for believing that thing to be or to contain; and, in all the circumstances, it is not reasonably practicable for it to be determined, on those premises, whether what he has found is something that he is entitled to seize, or the extent to which what he has found contains something that he is entitled to seize.
Getting it back
Section 59(2) of the Criminal Justice and Police Act 2001 says that any person with a relevant interest in the seized property may apply to the appropriate judicial authority, on one or more of the grounds mentioned in subsection (3), for the return of the whole or a part of the seized property. The quoted words do not say which seizure powers they cover.
PACE s.21(1) says that a constable who seizes anything in the exercise of a power conferred by any enactment shall, if so requested by a person showing himself to be the occupier of premises on which it was seized, or to have had custody or control of it immediately before the seizure, provide that person with a record of what he seized.
Related pages
Related pages on this site: Warrants and premises searches, Property taken in custody: PACE s.54 and Seize and sift.
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