Drink Driving Solicitors
call freephone 08000 85 27 84 driving offence solicitors
request a call back driving offence solicitors

POLICE SEIZURE OF PROPERTY

Geoffrey Miller Solicitors are specialist Driving Offence Solicitors. Call our team of expert motoring solicitors for some free initial advice.

When arrested and/or subject to a police investigation, you may have property confiscated from you which is then held by the police on your behalf.

When the Police investigate criminal offences, they have wide ranging powers to seize property they believe is relevant to the investigation. This is principally done pursuant to s.19 Police and Criminal Evidence Act 1984 (PACE 84).

Call Us Now on Freephone

08000 85 27 84

Or
Request A Call Back

Fill in your name and telephone number and we will call you back.
Rest assured all data transferred on Motoroffence.co.uk is secured using trusted SSL Certificate from COMODO.

  • Time format is 24 hour.
    :
  • This field is for validation purposes and should be left unchanged.

General power of seizure etc.

(1) The powers conferred by subsections (2), (3) and (4) below are exercisable by a constable who is lawfully on any premises.

(2) The constable may seize anything which is on the premises if he has reasonable grounds for believing—
(a) that it has been obtained in consequence of the commission of an offence; and
(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(3) The constable may seize anything which is on the premises if he has reasonable grounds for believing—
(a) that it is evidence in relation to an offence which he is investigating or any other offence; and
(b) that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.

In simple terms, if the Officer believes that something is relevant to the investigation then he will no doubt seize it. If you are charged with an offence a decision will then be made as to whether that item becomes a ‘Used’ exhibit or an ‘unused’ exhibit. If it is ‘used’ then it means the Prosecution will rely on it at trial in your case. If ‘unused’ then the Prosecution are not relying on it as evidence in the case.

If the officer thinks that an item of property is relevant to the investigation, then he will seize it.

Getting this property back, either whilst you are in custody or once the proceedings that relate to why the property was confiscated have taken place, can be difficult.

If your property is confiscated it is usually held at the holding/arresting police station until the matter has been dealt with. Once the officer in charge of the case considers your property is no longer needed, an officer should inform you that your property is ready for collection.

There are two type of property that may be taken from you when you are arrested

  1. The property in your possession when arrested (e.g. coins, watch, lighter, wallet) – any property which is not believed to be of evidential value (and is not an illegal item or substance). This should be returned to you when you leave custody.AND
  2. Property you own which is of interest to the investigation (e.g. a computer, a large sum of cash, trainers or kitchen knives). This will be retained until the investigation/process is complete.

Getting your property back

If you have had a Police Seizure of Property (other than money or cash) then there naturally becomes a point when that property is no longer required under PACE 1984. You won’t necessarily be able to recover all your property (e.g. drugs, knives, guns etc) – some items will be forfeited and destroyed.

Although the policy of returning property may vary depending on the police force, there is a general process that the Police will use. This usually involves you being notified by them, often in writing, stating that your property can be collected and where you need to go for it.

However, there are some points that you need to know before getting your property back:-

The property cannot be returned to you until the officer in charge of the case has authorised its release.

The police can keep relevant property until a case has been resolved and in some cases they can keep it after conviction (in case of a hearing relating to the confiscation of any illegal assets, or a possible appeal in some circumstances).

The police will hold your property until all relevant matters have been dealt with. Once the letter of authorisation has been sent to you the general procedure is for them to wait 28 days for you to collect your property or for a response either by telephone or in writing.

If you want to make some enquiries as to whether you can collect your property, you will need to speak to the officer in charge of the case.

If you have been notified to collect your property and fail to do so then after a certain amount of time (often 28 days, but may vary from force to force), the property will be disposed of,
either destroyed or sold at auction.

If the Police will not return your belongings then you may need to contact a Solicitor or a Barrister. They should be able to give you initial advice as to whether or not you can, in law, recover your property and what steps you will need to take. You may need to bring an action under the Police Property Act 1897 to ask the Magistrates’ Court to compel the Police to return your belongings.

If you are not charged

If you are not charged but the police are still investigating the case, property is dealt with in the same was as if you were charged and released, when the officer in charge authorises it.

If you are not charged, but you have a Co-defendant/s and some of your property is needed for their case it will continue to be held until the case is closed and the officer in charge authorises it for release.

After you are convicted/sentenced

After you have been convicted/ sentenced, once the case has been closed with no outstanding issues you should be given all items which were on your person at the station at the court or be told to attend the station to collect your property.

What are the reasons the police can seize my vehicle and what powers do they use?

Under Section 165 Road Traffic Act 1988 there are several powers the police may use to seize vehicles. It depends on the circumstances as to which section the police officer will use. Vehicles can be seized for various reasons:

In the case of careless driving prosecutions, often a first warning is issued initially. This is not only issued against the driver but also the vehicle. This means if person A was driving vehicle A and was issued a warning, then person A drove person B’s vehicle and was caught driving dangerously then vehicle B can be seized. Similarly to if Person B went on to drive Person A’s vehicle dangerously then vehicle A can be seized.

Your insurance company will need to know where your vehicle was taken as they will often need to inspect it. Most garages will charge for recovery and storage, your insurance company may settle this if appropriate.

In serious collisions, the police may need to examine your vehicle and this will delay the release of your vehicle from the garage and in some cases the police may have to retain your vehicle as evidence. In these cases the police will normally pay for any storage charges prior to the vehicle being released back to your custody.

Seizure of vehicles under S165 RTA 1988 only covers driving without insurance/valid licence.

Not Sure What to Do About Police Seizure of Property?

Most people who get in touch with our team of motor offence expert solicitors are uncertain of their options. They are unaware of any legal defences that may be available and find it difficult to believe that it might be possible to defend the drink driving offence charge they face by using loopholes that apply to the rich and famous! We do represent celebrities but we also represent many hardworking motorists like Brian and we want to help you make the right choice about what you do next.

We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 08000 85 27 84 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange installment plans to assist you. Many satisfied clients have thanked us for offering this free consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.

If you would like to spend more time browsing on the site before you get in touch, make sure you have a look at our specialist motor offence guidance features such as our drink driving penalties calculator which will help you to determine the penalty you may face if convicted and our money saving calculator which helps to outline some of the hidden costs of accepting a conviction.

We think we are simply the best in the business but if you are not satisfied in taking our word for it, our unique “ask our clients” testimonials scheme allows you to contact previous clients of the firm to seek a completely independent reference about us and what we might be able to do for you.

Call Us Now Free on 08000 85 27 84

Call Geoffrey Miller Solicitors 24 hours 7 days a week

Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.

WHAT OUR CLIENTS ARE SAYING ABOUT US

“Not sure where to start… But, thank you. You held my hand through the 9 months and I couldn’t have asked for more. Your team did a very awesome job and the selected advocate’s performance brilliant. They all have played an amazing part and have made me have a smile even while writing this. Kudos Geoffrey Miller Solicitors! Read More

Kobey Drink Driving Testimonial
Drink Driving / Acquitted

“Wow what a result! Without a doubt I can honestly say Geoffrey Miller Solicitors is worth every penny and more. Their professional team worked tirelessly behind the scenes to keep me up-to-date every step of the way. I really cannot recommend Geoffrey Miller’s highly enough! They’re completely different to any other Solicitors. Read More

Mr James Drink Driving Testimonial
Drink Driving / Acquitted

“After a sleepless night, I searched the internet for help and contacted three law firms. Geoffrey Miller was the fastest to get back to me, the most reassuring and professional by far. Having met with solicitor Tara Boyle, I knew they would do the best for me. I was acquitted. I cannot recommend them enough… Read More

Anonymous 18 Drink Driving Testimonial
Drink Driving / Acquitted

“I am grateful to Geoffrey Miller Solicitors for my favourable outcome after my case was thrown out of court. The impact of such a charge and conviction would have had far reaching and unfair effects for not only myself but my family and I could not be happier with the service and attention to detail provided. Many thanks… Read More

Mr J Drug Driving Testimonial
Drug Driving / Case Discontinued

“I was arrested for drink driving and blew over the legal limit at the roadside. After speaking with Geoffrey Miller Solicitors, I knew that this was the company I wanted to fight my corner. I cannot thank them enough for their expertise, time and care in helping me through a terrible time. I would recommend them without any hesitation… Read More

Mr Lee Drink Driving Testimonial
Drink Driving / Case Dropped

“Geoffrey Miller Solicitors were brilliant handling my drink driving case. Geoffrey Miller Solicitors calmed me straight away, were professional in their service. They were fully informative at all times and in the court room got the best possible result they could have with a ban reduced. An excellent service all round!… Read More

Anonymous 16
Drink Driving / Ban Reduced

“I was arrested for a drug driving offence, a blood sample was taken which read a high level of cannabis, after speaking with a representative of Geoffrey Miller decided to give them instructions to act on my behalf, everything was dealt with quickly and efficiently with acquittal being the final result… Read More

Mr Williams Drug Driving Testimonial
Drug Driving / Case Thrown Out

“Geoffrey Miller Solicitors are outstanding. From the first day I called them about my accusation of drink driving, they calmed me down and helped me each step of the way. The barrister at my trial was first class, delivered the verdict I was hoping for and saved my driving licence. Would recommend to anyone else in the same situation… Read More

Mr Mead Drink Driving Testimonial
Drink Driving / Acquitted

“Geoffrey Miller Solicitors were excellent from start to finish. Inspiring hope from the first contact, advising all the way and I knew they would defend my drug driving case robustly. They delivered on their promise and exceeded all expectations. I would not be where I am today without their help. Thank you and thank you again… Read More

Anonymous 19 Drug Driving Testimonial
Drug Driving / Case Thrown Out

“I was charged with driving whilst unfit through (prescription) drugs following a minor collision with another vehicle in a supermarket car park. I was found not guilty at trial. I was very happy with the firm’s expertise. The barrister at trial, was excellent and I would not hesitate to recommend your services to anyone… Read More

D. Gallington Drug Driving Testimonial
Drug Driving / Not Guilty

“This company could not of handled it better, I am absolutely blown away with the outcome, they use the best people you could ask. I would especially like to thank Vicky for helping me through each stage so professionally, and again the outcome. Very happy – would definitely recommend to anyone in the same or similar position… Read More

Anonymous 20 Drug Driving Testimonial
Drug Driving / Acquitted

“I obviously cannot thank you enough. I was told by a top criminal London lawyer when I was charged that there was no point in challenging this. You have done exactly what you said you would do and it is clear your drink driving success rates are hard earned and not just fantasy. Very many thanks to you and all your team involved!… Read More

Anonymous 15
Drink Driving / Acquitted

“Having been charged with driving under the influence of Drugs. I engaged the services of Geoffrey Miller Solicitors and as a result have since been acquitted. I would not hesitate to recommend Geoffrey Miller Solicitors to anyone who finds themselves in any similar circumstance and consider the costs encountered the best value for money I have ever received… Read More

Anonymous 12 Drug Driving Testimonial
Drug Driving / Acquitted

“From the very first time I spoke to Geoffrey Miller Solicitors. I knew this was THE ONLY firm that was really listening and understood my problem. Without Geoffrey Miller I would not be where I am today, acquitted. If you are serious about defending your motoring offence then Geoffrey Miller are the only firm to represent you… Read More

Mr R Raj
Drink Driving / Acquitted

“I’m absolutely delighted that I chose Geoffrey Miller to represent me, they are undoubtedly the best at what they do. At one point I thought the case in court was going to go terribly wrong but my barrister used his experience and expertise to deal with a Judge who didn’t like the way you guys work!!! But hey, we won the case… Read More

Mr M Fairbrother Drug Driving Testimonial
Drug Driving / Case Dropped

“After one phone call with Geoffrey Miller Solicitors I was immediately more confident and it felt like a weight off my shoulders. All charges against me were dropped and I was acquitted. I would highly recommend Geoffrey Miller Solicitors to anyone who has found themselves in any trouble related to a drink driving offence… Read More

Mr M
Drink Driving / Acquitted

“I was arrested for drug driving and my blood sample came back as 3.5 times over the legal limit. At trial it only took 40 minutes for my lawyer they provided to get the judges to drop the case and get me acquitted. Overall the team provided an excellent service and i would recommend to anyone in a similar situation to me… Read More

Mr J Smith Drug Driving Testimonial
Drug Driving / Acquitted

“I looked online and called a few solicitors who specialise in motoring offences. Jeanette was the most switched on and gave the best legal advice how to proceed. I felt confident instructing her. I got the best possible outcome and my plea of exceptional hardship was successful and I received a reduced fine. Really pleased… Read More

Mrs K
Totting Up / Ban Avoided

“Within one hour my call was returned by Jeanette Miller, the MD. Very impressive as it was the 27th Dec! She was able to calm and reassure me that it was quite possible to beat the charges laid against me. My two excellent barristers assigned to me were fantastic. I am very pleased to be able to say my case was dismissed and I was acquitted… Read More

Mr Anon Drug Driving Testimonial
Drug Driving / Acquitted

“After being wrongly charged with drink driving I knew I needed help. From start to finish Geoffrey Miller Solicitors explained why the charges would not stand up to their scrutiny. The whole sorry saga played out exactly as outlined in my first conversation with Jeanette Miller. These guys really know what they are doing!… Read More

Mr J
Drink Driving / Case Thrown Out

“I am writing to express my intense and sincere gratitude for everything. Firstly, I thank you for allowing me to pay your fees, in installments. Secondly, many thanks for Victoria Brennan and my barristers. A team that worked seamlessly and tirelessly together, to achieve a phenomenal result in my favour. Top marks to them… Read More

Mr AO Drug Driving Testimonial
Drug Driving / Acquitted

“Facing a tough drink driving case, GM were able to structure, manage and execute a winning argument and gain a result at the end. The service from start to finish, was second-to-none. I would recommend anyone to use Geoffrey Miller if they need a law firm who really does care about each case and most importantly gets results… Read More

Mr Whitehouse
Drink Driving / Acquitted

“My drug driving case despite appearing complex was handled with professionalism and expertise by all associated with Geoffrey Miller Solicitors. The case ran very smoothly and efficiently and it’s apparent that you and your case are at the forefront of everything that they are trying to achieve… Read More

Mr. H Drug Driving Testimonial
Drug Driving / Acquitted

“Thank you very much to the incredible team of Geoffrey Millers Solicitors. Hiring this team was absolutely worth it. Thank you so much for saving me unnecessary embarrassment with this case and for saving me the ridiculousness of this trial. It was 1000x better knowing I had you on my side. I am truly appreciative… Read More

Carmella Kelly Drug Driving Testimonial
Drug Driving / Case Dropped

“We chose Geoffrey Miller Solicitors after being recommended and doing some research. After making contact for the first time by phone, I found all of your staff very professional, sympathetic and very knowledgeable about the offence and really put my mind at rest. I would definitely recommend Geoffrey Miller Solicitors… Read More

Mr Wells Drug Driving Testimonial
Drug Driving / Case Dropped

“I got charged for Drug Driving in May 2016 and rang every solicitor I could possibly find who specialised in this area of law. Some were good and others were ok but after speaking to Geoffrey Millers Solicitors I knew I had found a firm that was perfect for me. The main reason I chose them was due to their record of success… Read More

Mr A Drug Driving Testimonial
Drug Driving / Acquitted

“My car was not drivable and i was charged with both drink driving and drunk in charge after a reading of 103. My job means that losing my license would not only impact me but also a number of people who rely on me to drive. I was represented by someone who seemed to genuinely care. With the correct strategy my case ended with an acquittal… Read More

James Drink Driving Testimonial 2
Drink Driving / Acquitted

“To anybody out there who is in trouble for a driving offence I would urge in the strongest terms possible to instruct this firm. They were quite simply incredible. They never gave up, fought the case brilliantly and secured my acquittal in a masterful way. Just incredible. Don’t go anywhere else – this is the one and only firm. Absolutely brilliant!!… Read More

Anonymous 31 Drink Driving Testimonial
Drink Driving / Acquitted

“I believed my case was a ‘no hoper’, until I carried out some online research and came across the Geoffrey Miller Solicitors web site and read some of their case results and outcomes. They are professional, thorough, emphatic, supportive and I would recommend them to any unfortunate who winds up with an offence the way I did… ”Read More

Sydney King Failing to Provide a Specimen Testimonial
Failing to Provide a Specimen / Acquitted

“I cannot find the words to truly express my gratitude to this Law Firm. Within a few hours of being in court my barrister put such a dent in the prosecutions case that he made a half time submission of No Case To Answer! My life can now go on, I feel like I can breath again! Do not hesitate to instruct this firm, I am eternally grateful… ”Read More

Mr S F Failing to Provide a Specimen Testimonial
Failing to Provide a Specimen / Acquitted

“I blew 93 at the police station for Drink Driving. After requesting a call back with Geoffrey Miller Solicitors, within 5 minutes Jeanette Miller (The Managing Director herself) called me back and took over 40 minutes of her time on a Sunday evening explaining my options. They secured my acquittal. I honestly cannot thank the team enough! ”Read More

Anonymous 37 Drink Driving Testimonial
Drink Driving / Acquitted

ASK MISS JUSTICE FORUM

Ask our specialist motoring solicitors a question

Post a motoring law question or read through previous questions that have been answered by Miss Justice herself and her team of motoring law solicitors.

Ask Now

ASK OUR CLIENTS

Still not sure if you should instruct us to help you?

Try our Interactive Testimonial Scheme - “Ref Me” is a voluntary scheme we ask satisfied clients to participate in. Where you see the “Ask Our Clients” form, you can send an email to a previous client of the firm and ask them any question(s) you like about us.

Ask Now

Do You Want To Feel Like Brian?

Speeding Solicitors

Take a look at this live footage taken from ITV’s documentary "Driving Me Crazy" showing our client, Brian Wiltshire walking out of Preston Crown Court after securing a victory in appeal against a speeding conviction. This could be you…

DRINK DRIVING BAN CALCULATOR

The Magistrates’ Court Sentencing Guidelines is a tool used by the Magistrates to decide on penalty. Try our drink driving ban calculator or our speeding ban calculator to give you a rough idea of the penalty you could incur…

Try It Now

PRICING STRUCTURES

We have developed a number of pricing structures to suit clients on most income levels. To some clients minimising the level of their legal costs is as important as achieving your objective with an acquittal or damage limitation on penalty…

View Pricing

Geoffrey Miller Solicitors is a trading name of Jeanette Miller Law Limited, a Limited Company Registered in England and Wales. Company No: 8214795.
Registered office: Unit 3 Digital Park, 3 Pacific Way, Salford (Media City) M50 1DR. Authorised and Regulated by the Solicitors Regulation Authority No: 573314 VAT No:162579563.
Managing Director: Jeanette S. Miller Director: Tara Boyle. View our Privacy and Cookies policy, Accessibility Policy, Personal Indemnity Insurance Policy, Sitemap.