Asked by: Viscount Hanworth (Labour - Excepted Hereditary)
Question to the Home Office:
To ask His Majesty's Government what plans they have, if any, to ensure that the police return confiscated phones to individuals who have not been charged with any crime.
Answered by Lord Hanson of Flint - Minister of State (Home Office)
Sections 21 and 22 of the Police and Criminal Evidence Act 1984 and associated Codes of Practice, in particular, PACE Code B 2023, stipulate how the police should deal with the retention and return of seized property. Property seized as evidence may only be retained for so long as is necessary and the officer in charge is responsible for ensuring that the property is returned as soon as practicable.
A person who wishes to claim property seized by the police may also apply to a Magistrate's court under the Police (Property) Act 1897.