What Happens If the Police Seize Your Devices in an Indecent Images Investigation?

If the police seize your phone, laptop, or other digital devices as part of an indecent images investigation, it can be deeply distressing. Many people investigated for indecent images of children have never previously been in trouble with the police and are left feeling shocked, ashamed, and unsure what to do next. 

This article explains what usually happens when devices are seized in indecent images investigations, how the police examine them, how long they may be kept, and why early specialist legal advice is critical. 

Why Are Devices Seized in Indecent Images Investigations? 

In investigations involving allegations of indecent images of children (often referred to as IIOC), electronic devices are central to the case.  

The police will usually seize electronic devices because they believe those devices may contain: 

• Indecent images or videos 
• Evidence of downloading or viewing material 
• Internet search history 
• Messaging or sharing activity 
• Metadata showing dates, times and access routes 

Devices commonly seized include: 

• Mobile phones 
• Laptops and desktop computers 
• Tablets 
• External hard drives and USB devices 

Seizure can take place following an arrest, during a voluntary interview or when the police execute a search warrant at your home. 

Do the Police need a Warrant to search my Home for Indecent Images? 

Police can obtain a warrant to search your home and seize electronic devices such as phones and laptops which will then be sent off to be forensically analysed.  

The police also have powers to enter your home and search for property under the Police and Criminal Evidece Act if they are arresting you – if this is the case then they don’t need to have a warrant. 

What Happens Immediately After My Devices Are Taken? 

Once seized, your devices are logged as evidence and retained by the police. You should be given a property record confirming what has been taken. 

In indecent images cases, devices are rarely examined straight away. Digital forensic units are under significant pressure, and it is common for devices to sit in a queue for weeks or months before analysis begins. During this time you may hear very little about progress. This uncertainty is often one of the most difficult aspects of the investigation. 

How Are Devices Examined in Indecent Images Cases? 

When your devices are examined, specialist digital forensic officers will carry out a detailed analysis.  

This may include: 

• Creating a forensic copy of the device 
• Recovering deleted images and videos 
• Examining internet browsing and download history 
• Analysing messaging apps, emails, and social media 
• Reviewing cached data and temporary files 

Importantly, the police can often recover material you believed had been deleted or never intentionally saved. Images can be found in hidden folders, cache files, or automatically downloaded locations. 

Can the Police access Deleted Photographs and Videos from your Phone? 

It is possible to retrieve deleted images as they are never truly deleted but remain hidden in a different location on the memory card and are only truly deleted if the memory card is overwritten with new data. The police have software that can recover evidence of images (partial or thumbnail) or data connected to an image from the phone’s memory. 

Whether images are recoverable will also depend upon whether your memory card was full, how often you deleted images and added new photos that could have resulted in overwriting the photo memory. 

Does the Police Examination Prove Guilt? 

No. The presence of images on a device does not automatically mean you are guilty of an offence. 

In indecent images cases, key issues often include: 

• Whether you knew the images were on the device 
• How the images came to be there 
• Whether images were deliberately downloaded or automatically cached 
• Whether another person had access to the device 

These are complex legal issues, and early legal advice is essential to ensure evidence is properly interpreted. 

How Long Will the Police Keep My Devices? 

There is no fixed time limit for how long devices can be retained. 

In indecent images investigations, devices can be kept: 

• While forensic examination is ongoing 
• While the investigation continues 
• While the case is reviewed by the Crown Prosecution Service 

It is not uncommon for devices to be held for several months. In more complex cases, retention can be significantly longer. A specialist solicitor can make representations to the police for the return of devices, particularly where continued retention is unnecessary or disproportionate. 

The police will not return the phone to you until they conclude that it is no longer needed for the investigation (if it does not contain any evidence) or the investigation concludes (where no further action is taken). If material is found on the phone, it is likely that the phone will likely never be returned to you and it will be destroyed. 

Will I Be Charged After My Devices Are Examined? 

Not necessarily. After examining your devices, the police may decide to: 

• Take no further action 
• Conduct further investigation 
• Refer the case to the Crown Prosecution Service (CPS) for a charging decision 

Many indecent images investigations do not result in charges. In some circumstances, images may be of a low category and we may look to argue that a prosecution is not in the public interest or that an out of court disposal such as a caution is suitable. This may be particularly relevant in a case where a client may have sought help for a problem and where there is other, powerful mitigation. The best time to do this is before charge, but it can also be done after charge. 

Early legal representation can make a significant difference to how the investigation progresses and how evidence is presented. 

Do I Have to Answer Police Questions About the Images? 

If the police want to interview you, you are entitled to have a solicitor present. You do not have to answer police questions without a solicitor present, whether the interview is under arrest or voluntary. What you say in interview is extremely important and can have serious consequences. 

A specialist indecent images solicitor will advise you on: 

• Whether to answer questions 
• Whether to provide a prepared statement 
• How best to protect your position during interview 

What About Passwords and Access to Accounts? 

The police may ask you to provide passwords or access to devices and online accounts. 

Whilst there is an expectation, you do not have to provide the password to the police to allow them to access your phone. But refusing does not mean that the police will not be able to access information on your device. The police will rely on digital forensic technology and RIPA powers to force access and may be successful in recovering information. 

If you refuse to provide the password, the police could serve you with a Notice contrary to section 49 of the Regulation of Investigatory Powers Act 2000. This normally starts with a Warning Notice and could result in the police making an application to a Judge for permission to give Notice under section 49. If you’re served with a Notice under section 49, you are then legally obliged to provide the information. Failure to hand over information, such as your phone password, could then result in criminal proceedings and up to two years in prison, or more if the case involves child indecency or issues of national security. 

It is a defence to show that you are not in possession of the password or to argue that the statutory prescribed grounds in serving the Notice are not satisfied, for example the disclosure request is not proportionate or the material could be obtained by other reasonable means. 

This is a legally complex area. In some circumstances, refusing to provide access can carry criminal penalties, while in others you may have lawful grounds not to comply. You should always seek specialist legal advice before providing passwords or access details. 

What Should I Do If the Police Have Seized My Devices? 

If your devices have been seized as part of an indecent images investigation, you should: 

• Seek specialist legal advice immediately 
• Avoid discussing the investigation with anyone else 
• Do not attempt to access accounts linked to the case 
• Follow your solicitor’s advice carefully 

Early legal intervention can significantly affect the outcome of the investigation. 

How Olliers Can Help 

Olliers regularly represents individuals under investigation for indecent images offences. We understand how frightening and isolating these investigations can be and provide clear, confidential advice at every stage. 

Our specialist solicitors can: 

• Advise you before and during police interviews 
• Challenge the seizure and retention of devices 
• Make representations to secure the return of property 
• Guide you through the investigation and charging process 

Olliers have a highly skilled proactive indecent images team who will provide you with expert legal advice throughout the interview stage, pre-charge investigation process and court proceedings (where necessary) and ensure your rights are protected. 

If the police have seized your devices or wish to speak to you about indecent images, contact our team as soon as possible for confidential advice. 

Contact our indecent image offences lawyers 

Please contact our new enquiry team on 020 3883 6790 (London) or 01618341515 (Manchester), by email to info@olliers.com or complete the form below if you would like to arrange a confidential discussion as to how Olliers can assist you if you are under investigation for indecent images offences.