What to do if…
an authority demands you hand over property and you disagree with the request

What to do now

1. Identify who is demanding the property.
   Ask: “Which authority are you from? What is your name, role, and ID number? Who is in charge here?” If this is in a prison or secure setting, ask for the staff member’s name or number and where the decision will be recorded.

2. Ask whether this is voluntary or compulsory.
   Say: “Is this voluntary, or are you using a legal power, court order, warrant, notice, prison rule, or other authority?” If they say it is voluntary, say once: “I do not consent to handing this over voluntarily.”

3. Ask what document or legal basis covers the item.
   Ask to see the warrant, order, production order, notice, seizure notice, or property paperwork. Write down the reference number, issuing body, date, the items named, and any time limit shown on the paperwork.

4. Ask for a written receipt or record before the item leaves your control.
   Ask for the record to list each item separately, including make, model, colour, serial number, IMEI, registration mark, document title, or other identifying details where relevant. If they will not provide this immediately, write down what was taken, who took it, where it went, and the time.

5. State your disagreement once, calmly and clearly.
   Say: “I do not agree with this and I do not consent, but I will not obstruct. Please record that I dispute it and that I asked for a written record.”

6. Keep the scope narrow.
   If they ask for extra items, wider searches, passwords, PINs, or access to accounts, say: “I do not consent to anything beyond what you are lawfully authorised to do. Please record my position.”

7. If police are involved, ask for legal advice before answering questions.
   If you are arrested, detained, interviewed, or questioned at a police station, ask for a solicitor. You can say: “I want legal advice before I answer questions about this property or access to it.”

8. If this is HMRC, Border Force, or customs-related, keep the seizure paperwork safe.
   Keep any notice of seizure, seizure information notice, receipt of goods seized, or reference number. There is usually a one calendar month time limit to challenge whether an HMRC or Border Force seizure was lawful, so get advice promptly and check the paperwork.

9. If this is happening in prison or another secure setting, focus on the property record.
   Ask for the property record or inventory to show exactly what was removed, why, by whom, and where it will be kept. If you sign anything, only sign if it accurately records what is listed; if you disagree with the decision, ask for that disagreement to be recorded.

10. Make your own paper trail while it is fresh.
    Write down the date, time, location, names or ID numbers, the exact words used, whether they said “voluntary” or “seized”, what was taken, any damage, and any witnesses. Keep copies or screenshots of messages, emails, orders, or forms about the handover.