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Return of Property

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Have the police confiscated your electronic devices?

In criminal cases, the police often take electronic devices such as laptops, tablets, phones, or even gaming consoles. These might be your devices or belong to people you live with.

If your devices were used as evidence against you, the police may have a case to destroy them. However, if any of the devices were not used as evidence against you, you have the right to get them back.

However, we know from experience that getting your devices back isn’t always easy.

At Next Chapter Scotland, we believe in a rights-based approach. If the state uses the law to hold people accountable, then it should be held to the same laws. You are not asking for favours - just for your rights to be respected.

We’ve created a simple method to help you get your devices back:

Sample Letter

To the Reviewing and Investigation Unit, Crown Office and Procurator Fiscal Service, Case Number (or if you don’t have it, details like trial or sentencing dates)

I am requesting the return of the following devices (list them) that were not used as evidence against me.

If you are refusing to return these items, could you provide the specific law or section of an Act that allows you to keep them?

If no legal reason exists, please let me know the best way to arrange their return.

Yours sincerely,
Your Name

Send this email to: riu@copfs.gov.uk

Important: Police often destroy items they no longer need as evidence, so it's important to act quickly to prevent the destruction of your property.

A table with examples of appropriate language use
A table showing the notification periods for the various sentence types. Prison sentence of 30 months or more (including life), Indefinite. Order for lifelong restriction, Indefinite. Admission to a hospital subject to a restriction order, Indefinite. Prison sentence of more than 6 months but less than 30 months, 10 years. Prison sentence of 6 months or less, 7 years. Admission to a hospital without a restriction order, 7 years. Community payback order with an offender supervision requirement, The length of the offender supervision requirement. Any other sentence (e.g. a fine or admonition), 5 years.
Last updated:
November 8, 2024

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