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Criminal Defence | England & Wales

Do I have to give the police my phone PIN or password?

The difference between an officer asking for your PIN and a formal legal notice requiring it, and the risks either way.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

Not just because an officer asks. An informal request carries no legal obligation, and refusing it is not an offence. The position changes if you are served with a formal notice under section 49 of the Regulation of Investigatory Powers Act 2000, which must have the appropriate permission under Schedule 2 to the Act, from a judge or a senior officer depending on how the device or data was obtained. Failing to comply with a valid notice is a separate offence, with a maximum of 2 years' imprisonment, or 5 years in national security and child indecency cases. Get advice before deciding either way.

Legal issues

An informal request

Officers often ask for a PIN at arrest or interview. You can decline. The police can still keep the device and try to examine it.

A section 49 notice

  • It must be in writing, say what is required and by when, and show who authorised it.
  • It can require the PIN, password or key, or the information in an intelligible form.
  • Failing to comply without a valid reason is an offence under section 53.
  • A defence can arise if you genuinely do not have, or cannot remember, the key; the detail of how that is proved matters.

Evidence that matters

Whatever is on the device may become evidence. That cuts both ways: it may also contain material that supports your account. Your solicitor can discuss what is likely to be on it before you decide.

Reasonable lines of enquiry

Points to raise

  • Whether the examination will be limited to what is relevant to the allegation.
  • How legally privileged material, such as messages with a lawyer, will be protected.
  • Whether data supporting your account should be extracted and preserved.

What happens next

If a notice is served, there is a deadline for compliance. Seek advice immediately. See police device seizure and digital evidence.

Immediate steps

  • Do not give or refuse a PIN until you have spoken to a solicitor.
  • Never give a PIN you know to be wrong.
  • Do not remotely wipe or alter a seized device or its accounts.

What should you send us?

Send a copy of any notice, the deadline it gives, and the date your device was seized.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We advise on informal requests and section 49 notices, check whether a notice was properly authorised, and deal with the police on the scope of examination.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Is refusing an officer's request a crime?

No. Only failing to comply with a valid section 49 notice is an offence.

What if I have forgotten the PIN?

Tell your solicitor. If a notice is served, not having or not remembering the key can be a defence, but how that is shown needs careful advice.

Can the police get into my phone without the PIN?

Often, yes, using forensic tools, although it can take longer. The device can be kept while they try.

NEXT STEP

Get advice on a PIN request

If you have been served with a notice, call 0843 636 7687 now. You can also email [email protected].

Get advice on a PIN request