Police powers after suicide

MJay · 16 May 2017 at 6:22PM

A close family member took their own life. The police confiscated several thing during the investigation but have concluded that no one else was involved. They want to wipe the mobile before returning it. Is this legal and if so, under what legislation.

Jojo_the_Tightfisted · 16 May 2017 at 6:31PM

Sorry to hear that.

Could they be trying to protect the family from the contents? Out of compassion?

System · 16 May 2017 at 6:49PM

I'm sorry I can't answer specifically. The C.A.B. (or better still a solicitor) might be able to advise. I imagine it's to do with privacy laws, but have been unable to find any information on Google.

Primrose · 16 May 2017 at 9:00PM

My condolences. You have obviously gone through a very stressful time.
Did any member of the family hold a Power of the Attorney for the deceased family member? If so, I think they should make that known to the police although of course Attorneyship ends on a death.
There may shave been evidence of some kind on the ohone which the police thought the family would find distressing, or there might have been some criminal contacts perhaps, i.e. Drug dealers contact numbers which the police would not want to fall into the hands of others.
The individual may even have taken some photos of themselves whilst dying or trying to commit suicide which would be very distressing for family members to see, especially if the individual was in a mentally disturbed state at the time.

karcher · 16 May 2017 at 9:06PM

MJay wrote: »

A close family member took their own life. The police confiscated several thing during the investigation but have concluded that no one else was involved. They want to wipe the mobile before returning it. Is this legal and if so, under what legislation.

I'm sorry, I can't help with your question but wanted to add my condolences. In your shoes I'd want to know why that can be done and I hope someone else here can advise.

Rejast · 16 May 2017 at 11:22PM

I didn't want to read and run without expressing my condolences.

It might be worth speaking to them to ask. If it is a 'want' then they may need and be seeking permission, if not then they should be able to tell you under what powers they are acting.

I'd be seeking clarification too, or at least asking them to only delete what it absolutely necessary like any upsetting pictures if the family member recorded their attempt in anyway but preserving any other pictures they took. Our phones nowadays hold so much of our lives and are our new diaries/ photo albums.

I hope you find some comfort at such a heartbreaking time.

Malthusian · 16 May 2017 at 11:36PM

A cursory read of the police code of practice suggests that the police are supposed to return evidence to its owners after they're done with it, as you might expect. It doesn't explicitly say that electronic media should be returned with its data still on it but I would think that's implicit.

You said "they want to wipe the mobile before returning it". Does "they want to" rather than "they have" mean they've asked you for permission? If you give them permission to do so then of course it's legal, no chapter and verse required. As others have said there may be compassionate grounds for asking to do so, but you should be entitled to ask why.

MJay · 17 May 2017 at 9:23AM

Thanks to all of you for your replies and advice.I think PACE is where I need to look...... The circumstances are more tragic than I am able to reveal and my whole family are devastated. Thanks you for your condolences. It is comforting to know that humanity still exists today as I am left reeling over this latest affront. Thank you all.

TBagpuss · 17 May 2017 at 10:51AM

I'm very sorry for your loss.

I think that they would have the power to remove any illegal material from the phone and to copy anything which was relevant as evidence, but I don't think that they would have authority to wipe it other than that, so I would suggest that you ask them whether they are are saying that the *must* (and if so, under what legislation).

I think it is possible that they are thinking o the Data Protection rules which allows data to be withheld from disclosure where it might cause distress, but as the data in this case belongs to your relative (and now to their executors), not to the police, I do not think that that would entitled them to wipe the phone.

At this stage, I'd suggest that you ask them why they want to wipe it and confirm that you do not wish them to do so. I think it may well be, as others have suggested, that they think there is material which is likely to be upsetting and they want to shield the family, but of course it is up to you as a family whether you want that.

(And of course, if you have it back un-wiped, you and the family can then consider whether you want to arrange for someone else, such as your solicitor, to review what is on the phone on your behalf in case there are distressing pictures or messages , so you can decide who sees what.)

DigForVictory · 17 May 2017 at 11:02AM

Could you ask for a Family Liaison officer, & be clear that while you appreciate they may wish to copy some data from the phone, you as a family would like to hang on to the contacts, numbers & photos so you know whom to invite to the wake?
There are practicalities that extend outside the police station that a Family Liaison Officer may be in a better position to debate & explain.

Meantime, I'm sorry for your loss - a suicide is more difficult to cope with as the ongoing question of could I have done Anything is difficult to get to settle.

Guest101 · 17 May 2017 at 12:14PM

The data on the mobile is property of the estate of the deceased. The police can not wipe it without a court order.

Police powers after suicide

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