Speak to a BAILIFF Expert - £35

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.

If you are being pestered about a debt not owed by you or your household, then report the offence to police on 101 under section 1(1) of the Protection from Harassment Act 1997.

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.

A bailiff might go as far as describing himself an "officer", when he is merely an enforcement agent.

 

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.

 

 

Marston Group Limited, using the pseudonym marston holdings on its documents, attempted to have one of its bailiffs, calling himself a civillian arrest officer, make an "arrest" but got into a fight and beaten up with debtor claiming self defence.

The court in R vs Deighton heard, and cited R v Williams (G) 78 Cr App R 276), (R. v Oatbridge, 94 Cr App R 367.

There is no rule in law to say that a person must wait to be struck first before they may defend themselves. A person may use such force as is reasonable in the circumstances for the purposes of self defence or defence of another or their property.

When assessing reasonable of the force used, the jury was asked to consider two questions:

1. Was the use of force necessary in the circumstances, i.e. was there a need for any force at all?

2. Was the force used reasonable in the circumstances?

The defendant was cleared because the bailiff was not authorised to hold prisoners because that is excersising a priviledge of a constable.

The law does not prescribe the role or position of a "civillian arrest officer". It is understood to be made up by bailiff company to make their bailiffs, or Enforcement Agents, sound more police-like

Enforcement Agents are prescribed in section 63 of the Tribunals Courts and Enforcement Act 2007. They are not "officers" and cannot officiate.

 

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. Nothing requires you to give a bailiff your name and address.

 

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"