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A bailiff or HM Court service staff said the bailiff can break entry with a locksmith.

The so-called "DVCV Act 2004" only provides for entry using "reasonable force" provided all of the following is true:

  • You have not paid the sum the court said you must pay (but not the fees - different rules)
  • You are inside the property
  • You are deliberately trying to avoid the bailiff
  • You have been served the statutory warning the bailiff intends for force entry
  • The bailiff has made an application to court to break into a property under Paragraph 15(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Currently there are no prescribed court procedures for a bailiff to have an audience at a magistrates court to make the application.

 

Just to confirm:

Bailiffs having a right to enter premises do not automatically have a right to take control of goods - that requires separate court authority - a "warrant of control" - Section 76(1) of the Magistrates’ Courts Act 1980.

Bailiffs having a right to take control of goods do not automatically have a right to break entry or use a locksmith - that requires a separate court authority - Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Rule 10(c) of the Criminal Procedure (Amendment) Rules 2015 says the bailiff can apply for a warrant of entry in connection with unpaid court fines.

 

 

If the fine is paid the law says the warrant no mlonger has effect because the sum owed on that warrant is now NIL. The (genuine) warrant of control does not apply any fees.

This means any threat to enter premises without having authority to levy goods is vexatious and may amount to fraud by abuse of position, an offence under Section 4 of the Fraud Act 2006 and can be reported to Action Fraud.


Paragraph 15(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 requires bailiff to apply to a court for a warrant to enter and search for goods. The correct procedure for a bailiff to apply for a warrant of entry is given in Rule 10(c) of the Criminal Procedure (Amendment) Rules 2015.

Enforcement agents must act in accordance with the Human Rights Act 1998, paragraph 28 of the Taking Control of Goods: National Standards 2014 and Article 8 of Schedule 1 of the Human Rights Act 1998. Only a court (but not an employee of HM Court Service) can issue a Paragraph 15 warrant of entry. Court service staff and court mangers do not have that authority.

A warrant on its own is not an authority to break entry, that requires a separate authority, it only warrants the taking of goods to pay the fine - this process used to be called "distress" or now "taking control of goods".

It is becoming common for bailiffs collecting unpaid court fines to mislead people by saying they "can obtain the court's permission to make forced entry" or to leave a calling card saying he will return with a "locksmith".

If you have an Android phone then download a free Automatic Call Recorder app from Google Play and set it to record all calls. If you catch a bailiff saying he will "drill the locks" then you can email the recording to Action Fraud direct from your phone and report an offence of fraud by false representation quoting the above regulations. This conduct is also contrary to Paragraph 20 of the Taking Control of Goods: National Standards 2014

A Bailiff using the word "locksmith" in this fashion is designed to cause alarm or distress to imply the bailiff will break into homes while he does not have authority to do so. It is criminal offence under Section 1 of the Malicious Communications Act 1988.

 

A bailiff can only break entry ONLY if

1. If he has a levy on goods inside the property AND

2. You signed valid Regulation 15 controlled goods agreement AND

3. You are DELIBERATELY trying to avoid the bailiff. This is NOT because a bailiff THINKS you are trying to avoid him. You have to be inside the property behind a locked door and the bailiff is outside and you are refusing him access to goods listed on the Controlled Goods Agreement. ONLY then can the bailiff break entry.

 

The Magistrates Courts Act 1980 does not have a provision to enable a bailiff to make an application to a court to extend his power of entry to include breaking and entering to execute a warrant issued under Section 76 of the Magistrates Courts Act 1980 or have a locksmith do it for him.

Schedule 4(5) of the Magistrates Courts' Act 1980 says "An authorised officer may use reasonable force, if necessary, in the exercise of a power conferred on him by this Schedule."

Many bailiffs use the expression "DVCV Act" on their documents, but this only means the Domestic Violence Crimes & Victims Act 2004 and under Section 27 it only provides an immunity from criminal liability if a bailiff executing a warrant causes you an injury or commits another offence. It does not protect the bailiff from a liability brought against him in a civil proceeding such as a claim for under personal injury.

Bailiffs and staff members at HMCTS may well be confused with the power provided in a warrant that has been issued by a district judge sitting in a magistrates court with a search warrant issued under Section 8 of the Police & Criminal Evidence Act 1984 which provides a power to break into a suspect's property for the purpose of crime prevention and detection.

A warrant of control is nothing to do with police search warrants as they are provided by two completely different areas of law.

You can bring a formal complaint to ask the Ministry of Justice to either cease and desist making such statements or to provide the court regulation they rely on that supports their advice on entitlement to break into homes or have a locksmith do it for him.

The template below is addressed to the Ministry of Justice and is copied to the sentencing court and the commercial bailiff company.