If the police seized your phone, they may be able to examine its contents where the device was lawfully obtained and the examination forms part of a criminal investigation. Consent is not always required because the applicable power depends on how the phone was obtained. Do not delete material or guess at answers in interview. Obtain criminal defence advice promptly.
Why can the police take a mobile phone?
Under section 19 of the Police and Criminal Evidence Act 1984, a constable who is lawfully on premises may seize an item where there are reasonable grounds to believe it is evidence of an offence and seizure is necessary to prevent it being concealed, lost, altered or destroyed. Other search and seizure powers may also apply.
Voluntary extraction under the Police, Crime, Sentencing and Courts Act 2022 requires the user’s agreement, without undue pressure, and a written record. These provisions do not remove other lawful seizure or examination powers.
What may police look for on a phone?
Depending on the investigation, digital evidence may include messages, call records, contacts, photographs, application data and information used to build a timeline. The existence of material on a device and the question of who actually created, sent or used it are not always the same issue.
Where the prosecution relies on a particular handset, SIM or account, mobile-phone attribution may need to be examined separately. A device being registered to, found near or associated with a person does not by itself answer every question about who used it at the relevant time.
Phone-location and cell-site evidence
Investigators may also compare telephone records with alleged movements and other evidence. Cell-site material can require careful interpretation because it is not automatically equivalent to GPS and does not by itself prove who was holding a device.
Read our specialist service page about telephone, call-data and cell-site evidence in criminal cases, or our guide explaining how cell-site evidence may be examined and challenged.
What should I do if my phone has been seized?
- Keep all police paperwork relating to the seizure or investigation.
- Do not remotely delete, alter or dispose of potentially relevant data.
- Preserve other records that may help test the alleged timeline, such as receipts, travel information, work records or CCTV references.
- Tell your solicitor if another person had access to the handset, SIM, accounts or passwords.
- Obtain advice before making detailed admissions about ownership, use, messages or location.
If you are due to be interviewed, read about 24/7 police-station legal representation and legal advice for a voluntary police interview.