25 June 2021
Criminal law - Return of phone used as evidence
My client has been charged with a serious offence while on bail. They are pleading guilty and will be listed for sentence soon. They have asked if it is possible to retrieve family photos and video from their mobile phone as they are of great sentimental value.
Is a request for the phone likely to be successful?
Thank you for the question.
Yes. It should be a straightforward matter of asking the police officer in charge of the matter, or the DPP solicitor, for the phone’s return. The police will have taken a copy of the phone’s contents, so once a plea of guilty is entered the phone is no longer required. While the request is likely to be successful, the police may wish to wait until sentencing before returning it, as technically there could still be an attempt to traverse the plea. If necessary an application can be made to the court for the return of the phone.
Regards
Mentor
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