Post Search Process

Question 1

What is the likelihood of compensation being considered where the execution of a search warrant or other statutory power is justified by the outcome of its execution?

Answer 1

None. No likelihood. (Unless there are exceptional circumstances).

Question 2

What is the likelihood of compensation being considered where the execution of a search sarrant or other statutory power is not justified by the outcome of its execution?

Answer 2

Unlikely. (case by case basis)

Question 3

Do landlords have grounds for a damage claim against a justifed use of a statutory power?

Answer 3

No. They should make an insurance claim.

Question 4

In cases where unjustified damage is caused in the execution of a search warrant or statutory power, will compensation be available?

Answer 4

Compensation may be available.

Question 5

In cases where a mistake is made in the execution of a search warrant (eg wrong address) will compensation be available?

Answer 5

Compensation is likely to be available?

Question 6

What happens in the case of damage caused when exercising section 14, will compensation be available?

Answer 6

Seldom. The owner is responsible and should make an insurance claim.

Question 7

When a claim arises for damage caused through the exercise of a statutory power a report needs to be prepared.

What goes into the report and who does it get forwarded to?

Answer 7

• Circumstances in which the statutory power was executed
• grounds for execution
• damage caused
• outcome of the search
• details of the occupier/owner
• nature and basis of the claim as stated by the occupier/owner
• any steps taken to prevent further loss

The report gets forwarded to the District Commander or National Manager

Question 8

Premisises must never be left unoccupied and insecure after forced entry. Officers should make every attempt to ensure the property is made secure without incuring costs on behalf of Police.

Generally this will mean the following will be carried out:

Answer 8

• Liaising with the owner or occupier to secure their own property. If necessary and practicable, offer to wait for a specified period of time for the owner or occupier or agent to arrive to do this; or
• at the owners own request and cost, engage a contractor to make the premises secure on the understanding that the occupier or owner will bear the cost; or
• effect a temporary repair where feasible; eg boarding up a window