Arrests: Personal Property

(asked on 9th December 2024) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many items of property confiscated after an arrest have been (a) returned, (b) returned after six months, (c) returned after 12 months and (d) not returned by the Metropolitan Police Force once the investigation was completed in the last 12 months.


Answered by
Diana Johnson Portrait
Diana Johnson
Minister of State (Home Office)
This question was answered on 12th December 2024

Under the Police and Criminal Evidence Act, and associated Codes of Practice, property seized as evidence may only be retained for so long as is necessary and that the officer in charge of the investigation is responsible for ensuring that the property is returned as soon as practicable.

In police custody, the custody officer is responsible for the safekeeping of any property taken from a detainee whilst the property remains at the police station.

As set out in the College of Policing’s Authorised Professional Practice, the detainee should be given the opportunity to check and sign the custody record to confirm that the record of items seized is correct. Forces should provide adequate storage and security for a detainee’s property.

Specific processes and responsibilities for returning seized property will depend on local force policies.

If necessary, a person who wishes to claim property seized by the police may apply to a magistrate’s court under the Police (Property) Act 1897.

The Home Office does not hold information on the handling of suspects’ property or any details regarding lost property recorded by the Metropolitan Police or any other police forces. This information may be held by the police force itself or by the PCC or PCC equivalent (such as the Mayor’s Office for Police and Crime in the Metropolitan Police area).

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