Post Search Process

Question 1

If a SW is executed and damage occurs, compensation may be considered. Detail two instances where it is unlikely to be paid out and specify the difference between the two.

Answer 1

• Where the execution of a SW IS justified by the outcome of its execution - compensation will seldom be paid.
• Where the execution of a SW IS NOT justified by the outcome of its execution BUT THE GROUNDS FOR THE EXECUTION WERE SOUND, compensation is unlikely to be paid - but will be considered on a case by case basis.

Question 2

Who carries the risk of damage to rental properties?

Answer 2

Landlords generally carry the risk of illegal activity taking place on the property.

Question 3

Regarding method and manner of entry, how must the search be conducted?

Answer 3

It must be reasonable in all the circumstances.

Question 4

Name an example of a method of entry to a place that would be unjustified.

Answer 4

Breaking the door down when it is unlocked.

Question 5

Provide an example of when compensation would likely be paid during the execution of a SW.

Answer 5

When a SW is executed at the wrong address.

Question 6

If damage occurs during the execution of a SW, what must Police employees NOT do and why?

Answer 6

Police employees must not incur expenditure or make any promises on behalf of Police regarding compensation. This pre-empts any decision as to the payment of compensation.

Question 7

Where there is a claim what should be covered in your report that gets forwarded to the District Commander?

Answer 7

• The circumstances in which the SW was executed
• The grounds for its execution
• The damage caused and its associated circumstances
• The outcome of the SW or statutory power being executed
• Details regarding the owner of the property
• The nature and basis of the claim
• Any steps taken by Police to prevent further loss or damage

Question 8

Why must premises never be left insecure after a forced entry?

Answer 8

Liability for any loss may arise eg, if contents are stolen from the address.

Question 9

What are some options available for ensuring the premises are left secure after a forced entry?

Answer 9

• Liaising with the owner/occupier to secure their own property.
• At the occupier’s request engaging a contractor to make the premises secure.
• Attending staff effecting a temporary repair where feasible.