Legal issues
Three different powers
- Seizure of devices and evidence under the Police and Criminal Evidence Act 1984 during arrest or search.
- Seizure and detention of cryptoassets and cryptoasset-related items under POCA, including items that give access to crypto, such as hardware wallets and seed phrase backups.
- Section 49 RIPA notices requiring disclosure of a key or password. A notice must have the appropriate permission under Schedule 2 to RIPA, which, depending on how the material was obtained, comes from a judge or a senior officer. It must also be necessary and proportionate. You can be prosecuted under section 53 for not complying.
Key issues
- Whether you actually know or have the key; genuinely forgetting is a defence issue, but must be raised with care.
- Whether the notice was validly authorised and served.
- The risk that disclosing access exposes assets to freezing and forfeiture.
Evidence that matters
Keep the notice, the property receipt and the custody record. Note exactly what was taken, including devices, notebooks, cards and backup plates. Record any wallet balances you know of at the time of seizure, as values move.
Reasonable lines of enquiry
Ask what offence is under investigation, what the police say the devices contain, and whether they have already obtained data from exchanges or cloud services. Check whether crypto has been moved from your wallets since seizure and on whose authority.
What happens next
After seizure, police may examine devices, seek a section 49 notice, apply to detain cryptoassets for further periods in the magistrates' court, and seek forfeiture. Criminal proceedings may follow separately. Detained crypto may be converted to money by court order. See crypto freezing and forfeiture and police device seizure.
Immediate steps
- Ask for a solicitor before answering questions about passwords or keys. Advice at the police station is free.
- Do not give access informally without advice.
- If you receive a section 49 notice, note the deadline and get advice the same day.
- Do not try to move crypto remotely from another device; it can lead to further charges.
What should you send us?
Send any notice, property receipt and the date of seizure or arrest.