Post Search Process

Question 1

Will compensation be paid for damage done in a Search Warrant?

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.

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 2

Will compensation be paid for Damage caused to rental properties during a search warrant?

Answer 2

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. Where a search warrant or use of other statutory power is justified by the outcome of its execution, or the grounds for execution were sound, the compensation for justifiable damage will not generally be available. Owner building insurance may cover any repairs.

Question 3

Will compensation be paid for unreasonable Damage caused to properties during a search warrant?

Answer 3

The method of entry and the manner in which the search is conducted must be reasonable in all the circumstances, e.g. if the door is unlocked there is no justification in breaking it down. 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 4

Will compensation be paid if a mistake was made in the execution and damage was caused to properties during a search warrant?

Answer 4

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 5

Securing a premises after a Search Warrant

Answer 5

Premises must never be left unoccupied and insecure after a forced-entry, as liability for any loss may arise, e.g. if the contents are stolen from the address. 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.