Retention of Seized Property

PACE 1984, s.22

Warrant: No
Force: Yes
Notice: No

Governs how long property seized under PACE powers may be retained by the police. Items seized under s.19 or any other PACE power may be retained for as long as is necessary for the purpose for which they were seized, including for use as evidence at trial, for forensic examination, or for investigation. The section also provides a right for the person from whom items were seized to request access or copies.

Conditions

The item must have been lawfully seized under a PACE power or under warrant
Retention must be for a purpose connected with the investigation or proceedings
The person from whom items were seized is entitled to supervised access or copies where practicable

Limitations

Items must be returned once the purpose of retention is fulfilled
The owner or person from whom items were seized may apply for return
Retention beyond what is reasonably necessary may be challenged by judicial review

Last updated 24 September 2026