Post Search Process

Question 1

What happens when the SW or Statutory Power is Justified by the outcome?

Answer 1

Where the execution of a search warrant or other statutory power is justified by the outcome of its execution, and the resulting loss or damage is suffered by the subject of the search or process, compensation will seldom be paid.

Question 2

What happens when the SW or Statutory Power is not Justified by the outcome?

Answer 2

Where the execution of a search warrant or use of other statutory power is not justified by the outcome of its execution, but the grounds for the execution were sound, compensation is unlikely to be paid. However, any related claims will be considered on a case-by-case basis.

Question 3

What happens to damage cause to rental properties.

Answer 3

Landlords, and those who have boarders living in a property belonging to them, will generally carry the risk in respect of illegal activity taking place on the property.

Question 4

What happens with unreasonable searches or unjustified damage?

Answer 4

The method of entry and the manner in which the search is conducted must be reasonable in all the circumstances.

In cases where unjustified damage is caused in the execution of a search warrant or statutory power, compensation may be available in respect of any claim.

Question 5

What happens if there are mistakes when SW or Powers are executed?

Answer 5

In cases where a mistake is made in the execution of a search warrant or statutory power, for example, where a search warrant is executed at a wrong address, compensation is likely to be available in respect of any claim.

Question 6

In Policy, what happens where claims arise?

Answer 6

Where a claim arises, or is likely to arise, it should be directed by the officer in charge of the incident to the District Commander or National Manager for consideration along with a report containing the following information:

• the circumstances in which the search warrant or statutory power was executed;
• the grounds for its execution;
• the damage caused and the associated circumstances;
• the outcome of the search warrant or statutory power being executed;
• details regarding the owner of the property and the occupier or user of the property, at the relevant time;
• the nature and basis of the claim, as stated by the owner of the property;
• any steps taken by Police or the owner to prevent further loss or damage.

Question 7

Upon executing a SW describe how yoy would secure the premise?

Answer 7

Officers in charge should make every attempt to prevent such loss by ensuring the property is made secure without incurring a liability for costs on behalf of Police.

Generally this will mean:

• 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 an agent, to arrive to do this; or
• at the occupier’s or owner’s request, engaging a contractor to make the premises secure on the understanding that the occupier or owner will bear the cost, or
• attending staff effecting a temporary repair where feasible, e.g. by boarding up a window.