§ Mr. OatenTo ask the Secretary of State for the Home Department what requirement there is for police authorities to retain exhibits used in criminal trials, once the trial is completed, for the purpose of any future appeal; and what requirement there is for the(a) victims of the crime concerned and (b) relatives of victims to be consulted concerning the retention and disposal of such exhibits where they were the property of the victim. [118560]
74W
§ Mr. Charles ClarkeUnder the Criminal Appeals Rules 1968, the arrangements for the retention of exhibits in criminal proceedings pending appeal, are matters for the court to determine. The rules provide that exhibits must be retained for 35 days from the date of conviction or, if an appeal is lodged, until the determination of the appeal. The exhibits may be retained in the custody of the court, the person who produced the exhibit at the trial (prosecution or defence) or any other person and such arrangements can include provision for the inspection of the exhibit by any interested party.
Section 22 of the Police and Criminal Evidence Act 1984 (PACE) provides that where property has been seized or taken away by the police it may be retained so long as is necessary in all the circumstances. The section goes on to clarify that such property may be retained only while in use as evidence, for forensic examination, for investigation in connection with an offence, or in order to establish the lawful owner, and must not be retained if a photograph or copy would suffice for these purposes. Policy on the return of property to the lawful owner is a matter for the police force concerned but I understand that every force has a clear policy regarding the disposal of property and is fully aware of the provision of section 22 of PACE. Moreover, guidance was issued to the police in 1997 on the disposal of property under the Police (Property) Regulations 1997, where the owner cannot be established and no competent court order has been made in respect of it.