Bailiffs often call the police under a guise of preventing a breach of the peace.
They sometimes call police knowing they will not take action when the bailiff intends to commit an offence to achieve a benefit for himself or another.[1]
If a police officer fails to arrest a bailiff committing an offence to achieve a benefit for himself or another, or a detriment to another, the police officer commits an offence.[2]
If a police officer threatens not to arrest a bailiff committing an offence to achieve a benefit for himself or another, or a detriment to another, the police officer commits an offence.[3]
If a police officer arrests a person to achieve a benefit for a bailiff, or a detriment to another, the police officer commits an offence.[4]
The crime may be reported online at the police force website for that jurisdiction, and make screenshots of your report and their reply.
If you capture a police officer committing any of these offences on your mobile, make a complaint in the first instance to the Independent Office for Police Conduct (IOPC).
This will draw out the police force’s intended defence before bringing an action. The police cannot change it later, otherwise, they bury their own defence.
Make a request for the bailiffs body-worn camera recordings.[5][6]
If the bailiff tampers with the body-worn camera recordings to conceal an offence, he commits an offence of Perverting the Course of Justice.[7]
When you have the evidence of a police officer assisting a bailiff to commit an offence, you can approach the police force and the bailiff with your letter of claim,[8] specifying the resolution you want, and invite them to settle your dispute before incurring legal expenses.
[1] See: Nelsonian Knowledge
[2] Section 26(6) of the Criminal Justice and Courts Act 2015
[3] Section 26(7) of the Criminal Justice and Courts Act 2015
[4] Section 26(4) of the Criminal Justice and Courts Act 2015
[5] Section 45 of the Data Protection Act 2018
[6] See: Getting Body-Camera Recordings
[7] R v Gary Paul Brown, South London Magistrates’ Court August 2020
[8] Rule 6 of the Pre-Action Protocol for Professional Negligence
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