This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Explore when police can legally retain evidence after an investigation ends in England and Wales, including the role of Section 22 PACE, retention criteria, review processes, and options to request return of seized property.
When the police seize evidence during a criminal investigation in England and Wales, there are clear legal rules governing how long it can be kept and whether it must be returned once the investigation has concluded. These rules aim to balance the needs of effective law enforcement with respect for individual rights and property interests.
This article explains the law and procedures that govern retention of seized evidence, what happens when an investigation ends, and what options are available to individuals seeking return of their property.
Why Retention Rules Matter
During a criminal investigation, police often take possession of items they believe may help prove or disprove an offence - for example, mobile phones, computers, documents or physical objects suspected of involvement in crime. Once taken, retention of that evidence is controlled by statutory rules.
The most important legal framework is the Police and Criminal Evidence Act 1984 (PACE) and the related Code B of PACE, which set out when property can be seized and how long it may lawfully be retained.
Legal Authority to Retain Evidence: Section 22 PACE
The Core Rule
Under Section 22 of PACE, anything seized under police powers may be retained:
“…for so long as is necessary in all the circumstances.”
This reflects that police retain a temporary right to retain property, not permanent ownership. The law recognises that retention must be justified based on what the evidence is needed for.
Permitted Reasons for Retention
Police may retain evidence after investigation ends if it is needed for one or more of the following purposes:
- Use as evidence at trial for an offence.
- To facilitate further investigation or proceedings connected to the offence or an associated matter.
- Forensic examination or analysis to extract or interpret data.
- Establishing lawful ownership where property is reasonably believed to be stolen or obtained through an offence.
This list reflects the statutory purposes in PACE Code B and the Act itself. If a copy or image would be sufficient for those purposes, the original should not be kept.
When Retention Continues After an Investigation Ends
Cases Where Retention May Still Be Justified
An investigation “ends” when active police inquiries have concluded, charges have been discontinued, or the Crown Prosecution Service (CPS) decides not to pursue prosecution. But even in these situations, retention may continue legally if:
- The evidence is still needed for forensic examination that is incomplete.
- It is linked to another investigation or possible legal proceedings.
- It will be required as evidence at a future trial, appeal or related prosecution.
There is no fixed statutory time limit for retention; instead, the test is whether retention remains necessary in all the circumstances. This means police must continually review the reasons for retaining the evidence and return it when they are no longer satisfied they need it.
Evidence No Longer Needed
If evidence is no longer required for investigation or legal proceedings, police should return it “as soon as reasonably practicable”. This duty is emphasised in both PACE and its Codes of Practice. For example, materials that were only needed to help clarify a matter but are now irrelevant should not be held indefinitely.
Returning Evidence: Rights and Processes
How Property is Returned
When police are ready to release retained evidence, the process typically works like this:
- The officer in charge of the case authorises return of the item.
- The person from whom property was seized may be asked to prove ownership.
- Police may return evidence in person at a police station or specify a location for collection.
Local force guidance often includes periodic reviews of seized items to decide whether they can be returned, with decisions taken at regular intervals (for example, every 60 days).
What if Police Refuse to Return Property?
If police refuse to return property once it is no longer needed:
- The owner (or person from whom it was seized) may ask formally for its return.
- If this is unsuccessful, they can apply to a magistrates' court under the Police (Property) Act 1897 for an order demanding the return of the property. Courts have the discretion to order delivery back to the owner where appropriate.
Retention After Conviction or Confiscation Orders
When someone is convicted of an offence, different rules can apply:
- A court may make an order under the Power of Criminal Courts (Sentencing) Act 2000 to deprive someone of property used in or facilitating a crime.
- Property retained by police may be held pending such orders or asset confiscation proceedings under the Proceeds of Crime Act 2002.
In these circumstances, the purpose for restraint may shift from investigation to enforcement of court orders. This can provide lawful grounds for retaining evidence beyond the investigation period, subject to judicial review and procedural safeguards.
Practical Examples
Example 1: Investigation Ends but Evidence Still Needed
Police seize a mobile phone during a fraud investigation. The CPS later decides not to charge the suspect, but forensic technicians are still analysing data relevant to a related inquiry. Under Section 22 PACE, the phone may lawfully be retained while that work continues.
Example 2: No Further Use for Evidence
A set of clothing was seized early in an investigation but later proved irrelevant. If there is no further investigatory or evidential purpose, police should return the clothing to its owner once they conclude it is no longer needed. Retention beyond that point would not be lawful.
Common Questions
Can police keep my evidence after investigation ends if I was never charged?
Yes. If the evidence continues to be necessary for forensic work, potential related charges or court proceedings, police may retain it even if no charge is brought. However, they must periodically review whether retention remains necessary.
Is there a time limit on how long evidence can be retained?
No fixed statutory time limit exists. Retention must be no longer than necessary in all the circumstances, and police are responsible for reviewing this regularly.
Can I challenge prolonged retention?
Yes. Individuals can formally request return or, if necessary, apply to a magistrates' court under the Police (Property) Act 1897 for an order directing return of property.
Key Takeaways
After an investigation in England and Wales, police may continue to retain evidence where it remains necessary for legitimate law enforcement purposes, such as:
- Ongoing forensic examination.
- Use in proceedings, appeal or related investigations.
- Establishing lawful ownership of the item.
Retention must be regularly reviewed and should not continue once the reasons no longer apply. Individuals have avenues to seek return of their property, including informal requests to the investigating officer and formal applications to a magistrates' court under the Police (Property) Act 1897 if necessary.
These protections strike a balance between preserving justice and safeguarding individuals' rights and property interests.
