A perhaps surprisingly common question we get is what is the position where the police break down a tenants door? Who should pay?

Compensation

Under the Police and Criminal Evidence Act 1984 (PACE), codes of practice are created. Code of Practice “B” deals with entry and searching of premises. Note 6A states:

Whether compensation is appropriate depends on the circumstances in each case. Compensation for damage caused when effecting entry is unlikely to be appropriate if the search was lawful, and the force used can be shown to be reasonable, proportionate and necessary to effect entry. If the wrong premises are searched by mistake everything possible should be done at the earliest opportunity to allay any sense of grievance and there should normally be a strong presumption in favour of paying compensation.

Therefore, the first thing to establish is ... Please login or signup to continue reading this content

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