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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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My daughters boyfriend was arrested nd they took her phone,

Customer Question

My daughters boyfriend was arrested nd they took her phone, he is still on bail but they wont release her phone. Can they keep her phone even though its her boyfriend who was arressted also the phone is actually in my name, does this make a difference?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
No.
The only criteria is whether or not they have reasonable suspicion that it contains evidence. That is generally interpreted to mean the barest reason to suspect that there may be something relevant upon it.
The only time anybody is entitled to demand return of an item seized as evidence is either when the case ends or they announce that they will not rely on it as an exhibit in the case. Then sometimes they do refuse but you can lay a complaint pursuant to the Police Property Act.
Can I clarify anything for you?
Jo

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