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How long can the police hang on to evidence?

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  • How long can the police hang on to evidence?

    Back in May I was involved in a car accident; as I was driving down a quiet country road, the car suddenly went out of control, veered up onto the verge, and as I was desperately trying to regain control, I unfortunately clipped a pedestrian who was walking his dog - I did my very best to avoid him, but couldn't steer the car properly. He suffered a minor head injury and a fractured femur, but is now making a good recovery. our insurance company have been very good and dealt with everything really well. The police investigated, but could find nothing wrong with the car except a flat tyre on the nearside front wheel - they say their investigation shows that the puncture occurred during the accident, not before. I was not under the influence of drugs or alcohol, there were no health issues that could affect my driving, and my eyesight (with glasses) is apparently perfect for driving. So in the absence of any discernible reason for the accident, the police have naturally gone down the route of driver error. I have therefore been summonsed to appear at a magistrates' court for driving without due care and attention. I have been advised that since I do not have any good evidence with which to plead not guilty, I should plead guilty either by post or online, thus eliminating the need to go to court and reducing any penalties/fines/court costs. I intend to do this.

    My question is this: the police retained the wheel with the flat tyre as part of their investigation, which has obviously now concluded. Once I have pleaded guilty and the case has been resolved, how long can the police retain the wheel? We would really like the wheel back, but don't know how to proceed. Any help anyone can give would be greatly appreciated.
    Tags: None

  • #2
    Re: How long can the police hang on to evidence?

    Once any criminal proceedings have been concluded, the Police have no legal obligation to retain any exhibits seized as evidence.
    Have you requested return of the wheel?
    They might want to keep it until the case is over,, in case you change your plea.

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    • #3
      Re: How long can the police hang on to evidence?

      Thanks for the quick reply - we'll leave it until the case is definitely over, then request it back.

      Comment

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