Possessed property
Question
How long can the police keep property they've seized if it's stopping you doing your job and earning money without it? My computers and a phone have been confiscated and I'm still on police bail. Can I ask the court to have them returned?
Answer
Across the whole of the UK the police can hold anything they see as part of an ongoing investigation. In England and Wales there is no time limit to how long an investigation can continue before it comes to trial. But in Scotland there are strict limits on how long it can take a case to be taken to court.
If you're in England or Wales this means that while the investigation continues the police can continue to hold items such as your computer until the Crown Prosecution Service (CPS) decide if there is a case to answer or not. Once the CPS have made that decision you should either get your property back or it will be held to be used as evidence in the case.
You might want to consider asking your solicitor to contact the police or the CPS to find out how much longer they are going to be making a decision on whether or not to prosecute.
You might also want to speak to the Civil Rights organisation Liberty who have a website where you can find information about your rights you can also contact them through their online query service and or advice line on 0845 123 2307.
Updated: 09/06/2008
Question answered by CAB
