Private companies have no power to arrest suspects, or detain and transport prisoners. It is the practice of bailiff companies, in particular, Marston Holdings, to use police-like terminology when confronting debtors.
HM Court Service issue a warrant to endorse bail,[1] as a method of tracing missing debtors, or where the court does not know where the debtor is living.
This policy is contrary to the Ministry of Justice own guidelines which states that creditors must not issue a warrant knowing that the debtor is not at the address, as a means of tracing the debtor at no cost.[2]
Guidelines also state that bailiffs cannot falsely imply that action can or will be taken when legally it cannot be taken by that agent.[3]
When the court issues an arrest warrant,[4] it can only be executed by a police officer, who is on duty and wearing the correct uniform.
If a bailiff gets into a fight with a debtor, the bailiff commits a breach of the peace.[5][6]
A power to use force does not include power to use force against people,[7] and anyone being attacked may use reasonable force for purposes of self-defence.[8]
If a bailiff puts a document through your door saying he has an arrest notice, then you do not need to respond to it. It is a bailiff trying to trace a missing debtor.
The document may be handed to police by reporting an offence online through your local police force website.
[1] Section 117 of the Magistrates Courts Act 1980
[2] Paragraph 12 of the Taking Control of Goods: National Standards 2014
[3] Paragraph 20 of the Taking Control of Goods: National Standards 2014
[4] Section 83 of the Magistrates’ Courts Act 1980
[5] Justices of the Peace Act 1361
[6] Regina v Howell [1982] 1 QB 416, [1982] QB 416, [1981] 73 Crim App R 31
[7] Paragraph 24(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[8] Section 76 of the Criminal Justice and Immigration Act 2008
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