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Bailiffs cannot enter domestic property or a dwellinghouse using reasonable force,[1] unless the bailiff applies to the court for that authority.[2]
If a bailiff enters a dwellinghouse using force without court authority and thrown off by the occupant, then the occupant is not guilty of an offence.[3] Likewise, if a bailiff gets beaten up by the occupant after entering without permission,[4] or smashes a milk bottle over the bailiff's head.[5]
Case law can be used by the court to decide if a person may use such force as is reasonable in the circumstances for:
self-defence
defence of another
defence of a property
prevention of crime
Lawful arrest
In assessing the reasonableness of the force used, a judge/jury will consider two questions:
Was the use of force necessary in the circumstances, i.e. Was there a need for any force at all?
Was the force used reasonable in the circumstances?
If the intruder is a bailiff, it would strengthen the defence if it shows the court that the bailiff was not acting lawfully at the material time, for example, acted in breach of the Schedule 12 enforcement provisions.[6]
A person cleared following a prosecution for assaulting a bailiff can sue the arresting police force for malicious prosecution and unlawful imprisonment.[7]
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