Question to the Home Office:

To ask Her Majesty's Government whether there is any recourse for the owners of items that are damaged when the police remove them from the site of demonstrations; and whether the owners of such items can reclaim them from the police.

Police have powers under the Police and Criminal Evidence Act 1984 and Common Law to seize and retain property that is believed to be evidence of an offence.

Once seized, the property may be retained for no longer than is necessary for use as evidence at a trial, for forensic examination or for investigation in connection with an offence or to establish the rightful owner of the property. To ensure the property is admissible as evidence, police need to keep an accurate record of its seizure and retention and safe keeping to establish the chain of evidence.

Owners may obtain independent legal advice if they wish to make a claim against police for damage to their property. Free advice can be sought from a Law Centre or Citizens Advice (CA). If a person wishes to claim property seized by the police, they may also apply to a magistrate’s court under the Police (Property) Act 1897 for its possession.