Legal issues
The first issue is the legal basis on which the device was obtained. It may have been seized under a warrant, during a lawful search or arrest, or under another statutory power. PACE Code B requires officers to act within the scope of the relevant power and contains specific rules on seizure and retention.
Under Code B, property may be seized where it is covered by the warrant or there are reasonable grounds to believe it is evidence and seizure is necessary to prevent concealment, loss, alteration, destruction or tampering. Part 2 of the Criminal Justice and Police Act 2001 also provides limited seize-and-sift powers where it is not reasonably practicable on the premises to determine what may lawfully be seized.
Material subject to legal professional privilege requires particular protection. The existence of a phone or computer does not remove privilege merely because privileged and non-privileged material are stored together.
Evidence that matters
Digital evidence can include messages, call records, photographs, videos, notes, browser activity, application data, cloud-linked material, documents, location information and metadata. The important questions include who used the device or account, when material was created or received, whether a message is complete, and what issue the material can properly prove.
Context matters. A screenshot, extracted message or keyword hit can be misleading if the surrounding conversation, date range, account ownership or device attribution is not understood. Where investigators create an extraction or report, the defence may need to identify what material was included, excluded or searched.
Reasonable lines of enquiry
Focused enquiries may include device and account attribution, complete message threads, relevant date ranges, deleted or recovered material where lawfully available, metadata, location evidence, other devices or accounts, cloud records, and evidence capable of testing the prosecution interpretation of digital communications.
The CPS Disclosure Manual states that investigators and prosecutors should consider the digital strategy early and that reasonable lines of enquiry and proportionality remain central even where the available dataset is very large.
What happens next
After seizure, police may image or examine the device, use material in interview, continue enquiries or retain the item for forensic examination or proceedings. PACE Code B provides that seized property should be retained only for as long as necessary for permitted purposes and that an original should not be retained for specified investigative purposes if a copy or image would be sufficient.
Where seize-and-sift powers under sections 50 or 51 of the Criminal Justice and Police Act 2001 are used, Code B provides additional procedures, including written notice and mechanisms concerning examination and return. Code B also recognises rights to request a list or description of retained property and, subject to investigative prejudice and other limits, supervised access or copies.
The correct route for seeking return or access depends on the power used, the investigation and the material involved. It should be assessed from the warrant, notice, seizure record and current investigation status rather than assumed from the passage of time alone.
Immediate steps
Keep the warrant, search notice, seizure schedule, property receipt and all police correspondence. Record exactly which devices were taken, from where, who used each device and whether any item contains legally privileged, confidential business or essential personal material.
Do not remotely wipe, alter or interfere with a seized or linked device or account. Preserve passwords, ownership records and information needed to distinguish accounts or users, but obtain specific advice before responding to any formal demand for access credentials or protected information.
What should you send us?
Send the police force and officer; suspected offence; date and place of seizure; warrant, search notice and property receipt; list of devices taken; who owned or used each device; interview, bail or RUI status; any police correspondence about examination or retention; any request concerning passwords or access; and the practical reason return or access is urgent.