COMPENSATION FOR DAMAGE
If damage is caused during the execution of an official process there are common law remedies available if the damage results from the use of excessive force.
Another issue is whether compensation should be payable where damage is caused during the execution of a warrant which fails to produce evidence of a criminal offence.
The Police have advised us that there is a long-standing administrative practice to repair damage caused in the course of a search where the damage was not directly attributable to obstructive or misleading behaviour by the occupier of the premises, whether or not prosecution follows.
While this Police practice of accepting responsibility for repairs appears to us appropriate, there are some other major issues which are raised relating to the indirect consequences of lawful official action, which will require careful consideration in a wider context.
Damage caused during a lawful search is only one manifestation of the problem and we do not consider it appropriate to make any specific recommendations. Rather, we consider that the whole question of balancing the public and personal interests involved in the aftermath of lawful official interventions in a citizen's affairs should be addressed in a comprehensive way so that consistent principles which may be capable of broad application can be developed.