2. After the raid
Who is responsible for any repairs as a result of the raid?
Damage can occur to the house during a raid – such as a broken front door caused by forced entry. If the entry was lawful and the force used was reasonable, proportionate and necessary, it is unlikely that you will receive compensation for this.
This means you are responsible for any repairs needed.
If you are a tenant, this is likely to mean that your landlord will try to take the costs from your deposit or from you directly.
What happens if my home now isn’t secure as a result of the raid?
If your home has been entered by force, before the police leave, the officer in charge of the search must make sure your home is secure by:
- Arranging for someone to be present (a police officer or someone you know)
- Any other appropriate means
In practice, this means the police are only likely to accept responsibility for temporarily securing your home if no one is present at the time of the raid.
Can I get a receipt for items/cash that were seized during the raid?
If you request it, the police must provide a record of seized items “within a reasonable time”.
What can I do if the police seize cash during a raid?
There will be a court hearing within 48 hours, as seized cash may not be kept by the police for longer than 48 hours (excluding weekends and bank holidays). An exception is when a Magistrate is satisfied there are reasonable grounds for keeping the cash such as investigating its origin or if it ist related to criminal charges.
You can ask the Magistrates’ Court to release the cash. However, the police are likely to ask the Magistrate to allow them to keep the money until they can investigate it further. This could be for up to three months. The police can then make further applications to keep the cash for up to a maximum of two years.
Legal aid may be available as you will require a civil lawyer.
What if the police raided the wrong address?
The police may sometimes raid a property simply because it is the ‘last known address’ of a suspect, if they have reasonable grounds.
If the wrong address is searched by mistake, everything possible will be done at the earliest opportunity to correct any issues. There should be a strong case in favour of paying compensation.
If your home is wrongly searched, you should seek legal advice about compensation from a civil lawyer.