Applications for the return of property seized during criminal investigations

Published by a ÑÇÖÞÉ«ÇéÍø Corporate Crime expert
Practice notes

Applications for the return of property seized during criminal investigations

Published by a ÑÇÖÞÉ«ÇéÍø Corporate Crime expert

Practice notes
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Any informal request or formal Application for the return of property seized by an investigating Authority during a criminal investigation will depend on the authority under which the property was seized and whether the investigation is ongoing or proceedings have concluded. In the first Instance, an informal approach should be made to the investigating authority for the return of the seized property. This will usually be the Officer in the case who, if they agree to the request, will inform the police property centre that has possession of the items to arrange for them to be returned to their owner. If such a request is refused it may be necessary to proceed with a formal application for the return of property.

Before making a decision regarding such an application there are statutory retention periods to consider for convicted offenders. If the investigation has concluded and the accused is convicted of an offence, all material that may be relevant to the criminal investigation must be retained at least until a person is released

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Jurisdiction(s):
United Kingdom
Key definition:
Application definition
What does Application mean?

Interim applications in civil proceedings are governed by the cpr provisions relevant to the specific type of application. Interim applications include those for extensions of time, summary judgment, security for costs, injunctions, amending a statement of case, etc.

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