Updated October 23, 2026
Victoria Police can keep seized property for as long as it is reasonably necessary for an investigation or court proceedings. There is no single fixed timeframe that applies to every case. The length of time may depend on why the property was seized, whether forensic examination is required, if criminal proceedings have started, and whether a court has made an order about the property. Once the property is no longer legally required, police may be required to take reasonable steps to return it to the rightful owner.
Victoria Police can seize your property in certain circumstances when they have lawful authority. Mostly, they can seize the property under a search warrant. However, a warrant is not always necessary for property seizure.
A search warrant may be issued when the police reasonably believe that an item may be evidence of an offence or when property may be connected to criminal activity. Police may also have specific powers to seize property that is suspected to have weapons or prohibited things. The fact that your property has been seized doesn’t necessarily mean you are being charged with a criminal offence. The circumstances surrounding the seizure usually determine what will happen next.
When police execute a search warrant in Victoria, they may seize property that falls within the warrant’s scope or is reasonably believed to be connected with the offence being investigated. Under the Victoria Police Act 2013, officers can seize property if they believe on reasonable grounds that it is connected with the offence, that it may afford evidence about the commission of an offence, or that seizure is necessary to prevent its concealment, loss or destruction.
Although police generally require a warrant to seize property, there are certain legal powers that allow seizure without one. If there is an urgent threat to safety or the police need to save a life, they may take such action. Another example is if the police reasonably believe that the property is connected with an offence and that immediate seizure is necessary to prevent evidence from being destroyed or concealed.
There is no fixed period for which Victoria Police can keep seized property. The duration depends on why the property was seized and whether it is still required for an investigation or court proceeding.
Police may retain an item while it is being examined, forensically tested, photographed, or otherwise assessed as potential evidence. If the reason for retaining the property no longer applies, it may be returned to its owner, subject to any applicable legal requirements.
The answer to this question is not straightforward. Actually, there is no fixed time limit for keeping seized property in Victoria. The property can be retained for as long as it is reasonably necessary. Here are some factors that may impact the property seizure timeframe:
The police may keep your seized property for longer primarily because it serves as active evidence or because of administrative delays. The police procedures are already confusing, and on top of that, if you have your property seized for a longer time, you are bound to feel worried.
The police officials generally communicate the reason for delay with the owners. However, if they have not yet sent any communication, the following may explain the delay:
After a criminal investigation ends, the seized property is returned to its rightful owner. In certain circumstances it may also be confiscated by the government or destroyed. If the reason no longer exists and it is not required for another investigation, the police take reasonable measures depending on the case and the final court order. Under section 272 of the Victoria Police Act 2013, if seized property has not been returned within six months, police generally must take reasonable steps to return it, subject to exceptions such as ongoing proceedings or a Magistrate’s Court order.
Usually, when property is used as evidence in court, it is returned to the rightful owners after the investigation ends. In some circumstances, however, the property may not be returned. For example, it may be subject to forfeiture, destruction or disposal under a court order or other legislation.
You can ask Victoria Police to return seized property. You can ask for the property back if you believe it is no longer needed for the investigation or court proceedings. Under the law, property should be returned to the rightful owner as soon as it is no longer needed.
If there are delays, you can contact the police officer in charge of the investigation or the relevant police station to enquire about the developments. In case the police don’t respond after the case concludes or after the charges have been withdrawn, you can submit an application for return of seized property through the Magistrates’ Court of Victoria.
Police can generally keep an item under their custody as active evidence until the court proceedings are completed. After the legal proceedings, they must return the property unless the retention is legally justified.
If the police refuse to return your property after you have spoken to the officer in charge, you can go to the Magistrates’ Court of Victoria and submit an application for return of seized property.
When property is seized and used as evidence in court, the police will most likely keep it until it is no longer required for investigation or court proceedings. The property could include physical items, documents, electronic devices, or other property relevant to the case.
Once the proceedings have finished, police will act upon the court orders, and either the property will be returned to the owner, the government may confiscate the property, or it may be destroyed.
In Victoria, police may retain, forfeit, or destroy seized property in certain circumstances, but these outcomes are governed by specific legal powers. Here are a few things that you must know:
If Victoria Police have seized your property, you can first contact the officer handling the investigation or the relevant police station and request its return. If the property is not returned, court options are also available depending on the legislation under which it was seized. The Magistrates’ Court of Victoria currently lists an application for return of seized property among its criminal applications.
For making a court application, it is important to identify why the property was seized and the legal basis for police retaining it. You can also speak to a team of lawyers for guidance. They will help you determine whether you can seek a return order and what application or procedure applies to your circumstances.
Victoria Police may keep your phone if it is required as evidence, needs forensic examination, or is otherwise relevant to ongoing proceedings. Once it is no longer required and no legal basis for retention remains, it should generally be returned.
Police may seize and retain property even if you have not been charged with an offence. The key issue is whether they have lawful authority to retain it, such as for an investigation, forensic examination, or potential court proceedings.
If seized property belongs to someone other than the person investigated, the rightful owner may be able to request its return. Police may retain it while it is required as evidence or subject to legal proceedings, but ownership can affect its eventual return.
You may be able to request the return of seized property before criminal proceedings end if it is no longer required as evidence. Whether it can be returned depends on the circumstances, applicable legislation, and any court orders concerning the property.
Getting legal advice about seized property in Victoria will help you understand the grounds of seizure and whether you can request an immediate return. In case you have also been charged with a crime along with property seizure, a team of lawyers will help you understand your rights and obligations and represent you in court.
“This content is for informational purposes only and should not be considered legal advice. Please consult a qualified criminal defence lawyer before making any decisions regarding your matter”
