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.
Learn how police in England and Wales handle evidence in custody, including search and seizure powers under PACE, custody records, retention and disposal, chain of custody procedures, and safeguards protecting evidence integrity and individual rights. Clear, authoritative legal guidance.
Effective handling of evidence in police custody is fundamental to fair criminal investigations and reliable prosecutions in England and Wales. Evidence collected from a suspect, their possessions, or elsewhere during an investigation must be lawfully obtained, carefully recorded, secured, stored and retained so it can be used in court if necessary, while respecting procedural safeguards and individual rights. This article explains the key legal frameworks, police powers, custody procedures, and practical processes governing the handling of evidence in police custody.
1. Legal Framework: PACE and Codes of Practice
The main legal basis for police powers to handle evidence during detention and custody comes from the Police and Criminal Evidence Act 1984 (PACE) and its accompanying Codes of Practice. These Codes regulate police conduct in relation to searching, seizure, detention and custody, and aim to maintain a balance between effective law enforcement and protection of individual rights under English law.
PACE Code C specifically governs the detention, treatment and questioning of suspects in police custody, and includes provisions relating to custody records, property and rights of detained persons. Custody officers are responsible for ensuring compliance.
2. Initial Handling of Evidence on Arrest
a. Searching and Recording Personal Property
When a person is arrested and brought into custody, the custody officer must ascertain and record all items that the detained person has with them. This is authorised under Section 54 PACE. The police may search the person to identify what they are carrying and must record it in the custody record. Clothing and personal effects may be seized if the custody officer believes the person could use them:
- to cause physical injury to themselves or others,
- to damage property,
- to interfere with evidence, or
- to assist in an escape.
A custody officer may also seize items if there are reasonable grounds to believe they are evidence relating to an offence. Individuals must usually be told why items are seized unless it would be impractical or unsafe to do so.
b. Lawful Basis for Seizure
Beyond the powers related to arrest and custody, police may seize and retain property under Section 19 PACE if they reasonably believe that items:
- have been obtained as a result of an offence; or
- are evidence in relation to an offence being investigated;
and it is necessary to seize them to prevent concealment, loss, damage, alteration or destruction. This power applies where police are lawfully present and forms the core basis for seizure of evidential material.
3. Recording, Storage and Chain of Custody
a. Documentation and Custody Records
Every substantial action taken with evidence must be recorded accurately. The custody record is a formal document that includes details of all seized items, the reasons for seizure, and their subsequent handling. This record helps ensure transparency and supports the integrity of evidence for use in court. Police must allow access to custody records for suspects, legal representatives or appropriate adults on request.
b. Maintaining the Chain of Custody
Effective evidence handling involves maintaining a clear chain of custody. This means documenting:
- who collected the evidence;
- where and when it was collected;
- how it was stored; and
- who has handled it subsequently.
Chain of custody is crucial for ensuring that items are not tampered with and remain admissible in court proceedings. Proper labeling, secure storage and inventory control are standard practices in police evidence management systems.
4. Retention and Review of Evidence
a. Retention Criteria
Police may retain evidential property as long as it is necessary for investigation or prosecution. Under Section 22 PACE, officers can retain items seized under Section 19 for these purposes. However, they should not retain property unnecessarily where a photograph or copy would suffice. Decisions about retention often involve consultation with prosecutors.
Individual forces also have internal policies governing retention, review and disposal of evidence, and regular reminders are issued to responsible officers to justify ongoing retention. These procedures aim to prevent evidence being held indefinitely without good cause, and accountability measures may apply if policies are not followed.
b. Return, Disposal and Court Orders
Once evidence is no longer required for investigation or court proceedings, police must arrange for its return or lawful disposal. This may involve notifying owners of unneeded items and coordinating collection. Courts may also issue specific orders for forfeiture or destruction of certain categories of property as part of sentencing or civil proceedings.
5. Handling Specific Types of Evidence
Some categories of evidence require particular care:
a. Digital Evidence and Forensic Material
Electronic devices, digital media and other forensic materials must be handled in ways that preserve their integrity. For example, mobile phones or computers are often imaged to create forensic copies for analysis, with originals retained securely. Specialist forensic units support this process and adhere to strict standards to ensure reliability in court.
b. Biological Samples and Bodily Materials
Separate statutory powers and safeguards govern the taking and handling of biological evidence such as DNA, blood or other samples. These may involve specific authorisations under PACE or related legislation, and strict protocols to maintain chain of custody and compliance with rights protections.
6. Rights and Safeguards for Individuals in Custody
Individuals in custody have rights related to evidence handling:
- they must usually be informed why their personal items are being seized;
- they have a right to consult their custody and evidential record while detained;
- irrelevant property should be returned when no longer needed; and
- if they believe evidence has been mishandled, they can raise the issue with legal advisers or through complaints procedures.
Police must conduct all actions fairly, responsibly and without unlawful discrimination, in line with broader legal standards including the Equality Act 2010.
7. Practical Example
If a suspect is arrested for burglary and arrives in custody with a mobile phone, police may:
- Record and search the phone under Section 54 PACE if it poses a risk (for example, contains evidence or could be used to interfere with evidence).
- Seize the phone under Section 19 if there are reasonable grounds to suspect it holds evidence related to the offence.
- Log it in custody records and transfer it to the police evidence store.
- Arrange a forensic examination to extract evidential information.
- Retain it until the investigation and any subsequent trial conclude or until it is formally returned or disposed of.
This process ensures evidence is preserved and admissible, while documentation supports transparency and accountability.
Conclusion
Police in England and Wales have comprehensive powers and responsibilities for handling evidence in custody that are grounded in the Police and Criminal Evidence Act 1984 and supporting Codes of Practice. These powers include searching detained persons, seizing and retaining evidence, maintaining custody records, and managing the retention and disposal of evidential property. Clear procedures and record‑keeping safeguard the integrity of evidence and protect individual rights, ensuring investigations are lawful and capable of supporting reliable prosecutions in courts.
