Phone or Laptop Seized by Police? Your Digital Rights (UK)

If officers have taken your phone, laptop or other devices, you still have rights. This guide explains the legal basis for seizure, when and how your data can be examined, what to do about passwords and encryption, and practical steps to speed up the return of your tech.

When can the police seize a device?

Police can seize items (including digital devices) where they are lawfully on premises and have reasonable grounds to believe an item is evidence or obtained in consequence of an offence, and seizure is necessary to prevent concealment, loss or destruction. That power is in PACE 1984, s19.

Entry to premises to find and seize items usually requires a warrant (e.g., PACE s8) unless another power applies (arrest-related searches, consent, etc.).

In complex searches where material is inextricably linked (for example, mixed personal/work data or privileged material on a device), officers may use “seize and sift” powers, including those in the Criminal Justice and Police Act 2001 (CJPA) s50/51, with procedures set out in PACE Code B.

Can they look through my phone without a warrant?

Once a device is lawfully seized, any examination still has to be necessary and proportionate and follow the rules in PACE Code B (search and seizure). Particular care is required around legal professional privilege (LPP) and other protected material. Code B sets expectations and interacts with CJPA 2001 for “inextricably linked” material.

There is also a separate statutory framework for extraction of information from electronic devices in certain circumstances (for example, with consent from victims/witnesses) under the Police, Crime, Sentencing and Courts Act 2022 code of practice—this sits alongside, not instead of, PACE powers.

How long can they keep my device?

Seized property may be retained only as long as is necessary:

• for use as evidence at a trial,
• for forensic examination or investigation, or
• for related proceedings.

That is set out in PACE 1984, s22. When the item is no longer needed for those purposes, it should be returned.

Passwords, PINs & encryption (RIPA s49)

Police cannot just demand your PIN/password informally. To force decryption or disclosure of keys/codes, they must serve a formal notice under s49 of the Regulation of Investigatory Powers Act 2000 (RIPA), authorised by the appropriate authority. Failure to comply is a separate criminal offence under RIPA s53: up to 2 years’ imprisonment, or 5 years in national security or child indecency cases. Always get legal advice before responding to any s49 notice.

The official RIPA Part III Code of Practice explains the process and offences (including “tipping off” under s54).

What about privileged or confidential material?

Investigators must not examine legally privileged material (e.g., solicitor-client advice) except through safeguarded procedures. Where privileged and non-privileged data are inextricably linked on a device, seizure may still occur under CJPA 2001 with strict handling controls as reflected in PACE Code B.

How to get your phone or laptop back sooner

Practical steps you (and your solicitor) can take immediately:

1. Get a property reference

   Ask for the property/bag number and the OIC (officer in the case). This anchors all follow-ups.

2. Request a retention review (PACE s22)

   Your solicitor can write to the OIC asking:

   • What legal power was used to seize? (e.g., PACE s8, s19)
   • What examination is outstanding and why retention remains necessary?
   • Whether imaging has been completed and if the original can be returned pending analysis of a forensic copy.

3. Offer proportionate access

   Where appropriate, propose targeted extraction (date/app/keyword-limited) to meet investigative needs while reducing intrusion—necessity/proportionality is key under Code B.

4. Apply to court if needed

   If the police refuse to return property that is no longer needed, your solicitor can consider an application under the Police (Property) Act 1897 s1 (procedure governed by the Criminal Procedure Rules, Part 47).

Do I have to attend the station to unlock the device?

You do not have to volunteer passwords unless properly compelled (see RIPA s49). If a notice is served, get urgent advice on scope, lawful authority, and available defences before taking any step.

What if my device holds work or family data I urgently need?

Ask your solicitor to seek:

• Priority imaging with the original returned once a forensic copy exists (if justified).
• A read-only copy of specific files needed for work/medical/family reasons.
• A narrow search protocol to minimise collateral intrusion, referencing Code B proportionality.

Key takeaways

• Seizure: Allowed under PACE s19; entry/search typically requires a warrant (PACE s8) unless another power applies.
• Examination: Must be necessary and proportionate; special rules for privileged material; “seize & sift” via CJPA 2001 and Code B.
• Retention: Only as long as needed for investigation/evidence (PACE s22).
• Passwords: Only compellable via RIPA s49; non-compliance is an offence (RIPA s53).
• Return: If police won’t return property that’s no longer needed, consider a Police (Property) Act 1897 application (CrimPR Part 47).

Need help now?

Early, targeted pre-charge representations can limit what is imaged, shape the search terms, and push for NFA. If your phone, laptop or other device has been seized, speak to a pre-charge solicitor today for urgent advice on strategy, retention challenges and (where appropriate) applications for return.