Can police take your car keys?

Yes, in specific circumstances. Police can seize vehicle keys as part of a lawful arrest, under powers to seize and retain property, or to prevent a person driving while unfit. There is no single standalone power to take keys, but several different powers can operate together to achieve this.

The law

Road Traffic Act 1988, Section 165A. Power to seize a vehicle driven without insurance or a licence. Keys taken with the vehicle.
Police and Criminal Evidence Act 1984, Section 54. Search of an arrested person at a police station: property including keys is seized and recorded.
Police Reform Act 2002, Section 59. Seizure of vehicle used in anti-social manner. Keys taken as practical consequence.

What to do

If police state they are seizing your vehicle, ask under which specific power. They must be able to identify the legal basis.
Do not obstruct the seizure: the legal challenge comes afterwards, not during.
Note the officer's name, number, and the stated reason. Ask for a seizure notice.
If keys are taken following arrest and you are not charged, they must be returned on your release.
To recover a seized vehicle, contact the impound compound and bring proof of insurance and a valid driving licence.

In detail

Police do not have a single general power to demand and retain your car keys. However, multiple overlapping powers can result in keys being taken, depending on the circumstances.

Seizure of a vehicle: s.165A Road Traffic Act 1988

Section 165A of the Road Traffic Act 1988 (as inserted by the Road Safety Act 2006) allows a constable in uniform to seize a vehicle, and remove it, if they have reasonable grounds to believe the vehicle is being driven without insurance or without a licence. Before seizing the vehicle, the officer must warn the driver that seizure may occur and give them an opportunity to produce the relevant documents.

Keys will typically be taken with the vehicle in this scenario. The power is to seize the vehicle: taking the keys is the practical mechanism.

Drink or drug driving: s.163 RTA 1988

A constable in uniform may require a driver to stop under s.163 RTA 1988. If the officer then has grounds to suspect the driver is drunk or on drugs, they can require the driver to submit to a preliminary breath or drug test under s.6 RTA 1988. If the driver is arrested (for example, following a positive test or refusal), their keys will be taken as part of the arrest process.

There is no standalone power to simply take keys from a driver on suspicion alone without arrest or seizure. However, once a person is arrested, any property on their person (including keys) is subject to seizure under s.54 of PACE 1984 as part of the custody search.

Prevention of imminent offence

Where an officer has strong grounds to believe a person is about to drive while over the prescribed limit, causing serious danger, they can prevent this by preventing access to the vehicle. In practice this may involve officers taking keys, but the legal basis is the officer's power to prevent a breach of the peace or apprehend an impending offence rather than a specific statutory power to take keys.

Seizure as evidence: s.19 PACE 1984

Under s.19 PACE, a constable who is lawfully on premises may seize anything found there which they have reasonable grounds to believe is evidence in relation to an offence being investigated. This applies to property found on premises, but keys found on a person are covered by the search and seizure powers under ss.32 and 54 PACE following arrest.

Section 59 Police Reform Act 2002

This power allows police to seize, remove, and retain a vehicle being used in a manner causing alarm, distress, or annoyance (anti-social use). The vehicle itself is seized, and keys follow as a practical consequence.

Returning keys or a vehicle

Once a vehicle is seized, the owner can recover it from an impound compound on payment of a release fee, subject to producing evidence of insurance and a valid licence. If keys are taken following arrest and no further action results, they must be returned on release from custody.

Can you refuse to hand over keys? You cannot lawfully refuse to hand over keys where a power to seize the vehicle is being exercised, or following a lawful arrest where property is being searched. Obstruction of a constable in the exercise of their duty is an offence under s.89 of the Police Act 1996. However, you should note the officer's name, number, and the stated reason for taking the keys.