The bailiff says there is an arrest warrant out for you.

 

If you have already been arrested for obstructing a bailiff or cutting off an illegal wheel clamp. Go here.

 

It is the practice of bailiff companies, especially Marston Holdings, to say you will be "arrested" for not paying your court fine.

The terminology "arrest warrant" is used because it is police-like, designed to mislead you that you will be placed under arrest.

A bailiff company does not have a power to make arrests, let alone imprison transport or restrain prisoners. That is only carried by a police officer of the rank of Constable and higher. Not even a PCSO has a power of arrest.

If a bailiff approaches you saying he has an arrest warrant. He cannot "arrest" you. He will ask you to sign a document under section 117 of the Magistrates Courts Act 1980, which is only a warrant to endorse bail.

 

You MUST NOT SIGN anything

NEVER "confirm" your name

NEVER give your current address

Record everything on video using your mobile

Ask them to quietly leave

 

The Marston "No Bail Arrest Warrant" is a gag to identify you and find your whereabouts as well as capture your mobile phone number.

 

You are only required to give your name and address to a police officer who is ON DUTY, wearing the correct UNIFORM, or shows his warrant card.

Otherwise, walk away.

 

If HM Court Service wanted to bring you before the magistrates court to explain why you have not paid your fine, they issue a (genuine) arrest warrant to the police under section 83 of the Magistrates' Courts Act 1980.

Paragraph 20 of the Taking Control of Goods: National Standards 2014: Bailiffs cannot falsely imply that action can or will be taken when legally it cannot be taken by that agent.

Section 40(1)(d) of the Administration of Justice Act 1970 says a person who utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not. Commits an offence.

Capture the bailiff on video and it can be given in evidence.

 

 

 

Example: "arrest warrant"