Arrested? See this article first.
This policy has been drafted and audited in accordance with the principles of Human Rights legislation and the Race Relations (Amendment) Act 2000. Under the Freedom of Information Act 2000, the document is classified as OPEN.
This document is designed as a reference point for officers when dealing with bailiffs and other officers of the court legally authorised to collect a debt on behalf of a creditor.
The policy gives officers guidance on their role when attending premises with bailiffs, and for their information also provides summaries of the rules bailiffs should follow when lawfully conducting their business.
Policy Contents:
The law relating to bailiffs and their powers is extremely wide. Using legal authorisation, they may collect debts for any number of creditors. This can sometimes be a difficult experience for both debtor and bailiff, which is why officers may be called to attend.
The usual authority of a bailiff is a warrant issued by a County Court to recover goods or monies owed, or goods to the value of monies owed, from a debtor. The alternative authority officers will likely experience is a distress warrant or liability order issued by a Magistrates' Court.
The Constabulary's involvement with regard to the policing of bailiffs is to prevent a breach of the peace from occurring, or to attend an incident when a specific criminal offence has occurred or is likely to occur.
These instances will largely be confined to disputes by debtors over a bailiff's entry to their premises when executing a warrant or liability order, the lawful conduct of the bailiff when entering and inside the premises, and any criminal or illegal activity committed by either a bailiff or debtor.
Further Guidance on Bailiffs is available in the Appendices and in the National Standards for Enforcement Agents (advisory only), also archived here.
When first called to a scene, or if attending a scene with a bailiff by prior arrangement, a constable should be satisfied of:
a. The bailiff's identity and status.
b. The authority on which the bailiff has or seeks to enter the premises, including any relevant documentation which gives the bailiff the power to enter the premises, and that the bailiff has located the correct premises or debtor.
Bailiffs should always, upon request, produce relevant identification such as a badge or ID card, together with written authorisation to act on behalf of the creditor.
If a bailiff or court officer is unable to provide evidence of identity, status, authority or power, and is causing a breach of the peace or committing an offence, the police constable should prevent the bailiff from entering the premises, or if already on the premises, should remove the bailiff or court officer at once.
If the documentation is in order, the constable should remind the bailiff that entry must be obtained without force, except in the circumstances highlighted in Appendix B. Note: bailiffs can take goods from outside the premises such as a debtor's vehicle on a driveway (if they have a clamping order), or garden equipment.
Constables should be aware of their duty to keep the peace. If there is a sufficiently real and imminent threat of a breach of the peace, the constable should be very careful when determining who is acting unlawfully, and act accordingly by arresting the prime culprit of the potential breach or using discretion to diffuse the situation. It is vital to remain impartial to determine whose conduct is unlawful.
It is not the responsibility of the Officer to act as an arbitrator between the bailiff and the debtor, nor to determine the rights and wrongs of the issue, and in no way should the officer assist in the seizure of any goods.
When determining that there is a sufficiently real and imminent threat of a breach of the peace which justifies an arrest, the officer must decide whose conduct is causing that breach.
If the bailiff were hindered in any way whilst acting lawfully and reasonably in the course of their duties, then that would constitute a breach of the peace by those causing the obstruction.
If a debtor is present when a bailiff is entering and levying distress, they could face arrest and criminal liability if:
Should the bailiff be acting unreasonably or unlawfully whilst gaining entry, while inside the premises, or in a way that provokes the debtor, that conduct will be considered unlawful on their part.
In very rare cases, a bailiff’s persistent and frequent actions or demands for payment may constitute harassment under section 40 of the Administration of Justice Act 1970.
If other elements exist, such as a bailiff threatening or using violence to gain entry, or assault or criminal damage by either party, then other powers of arrest should be used.
The contents of this guideline will be reviewed annually by the Commander, Criminal Justice Department.
County Court Bailiffs: Enforce money owed under county court judgment debt. Power: can seize and sell goods, effect and supervise the possession of property and return of goods under hire purchase, and serve court documents.
High Court Enforcement Officers: Enforce money owed under high court judgment or judgment transferred from county court. Power: can seize and sell goods, enforce and supervise the possession of property and return of goods.
Civilian Enforcement Officers (CEOs): Employed by HMCS. Enforce Magistrates' Court Orders, fines, and community penalty notices. Power: can seize and sell goods, arrest, detain, commit to custody, and levy distress under statute.
Certificated Bailiffs: Enforce debts for magistrates’ courts and local authorities. Power: can seize and sell goods for debts such as council tax, traffic debts, and others. Cannot enforce County or High Court orders.
Non-Certificated Bailiffs: Can only seize goods subject to the specific debt, such as a repossessed vehicle bought on credit.
The above list is not exhaustive. Landlords enforcing rent and HMRC officers also have enforcement powers.
The actions of a bailiff entering a premises and seizing or selling goods is called levying distress. This includes recovery of the debt and the bailiff's fees.
Bailiffs must use peaceful means to enter. They may walk through an open or unlocked door, climb through an open window, or over a fence without causing damage. They may not use a locksmith, break a latch, force their way in, or use a landlord’s key. They may not wedge their foot in a doorway.
Reasonable force may only be used:
County Court Bailiffs must get permission from a District Judge before forcing entry to third-party or non-domestic premises.
Bailiffs collecting rent must attend between sunrise and sunset. For other debts, enforcement may begin at any time unless a court order states otherwise. National Standards advise enforcement only between 6am and 9pm (excluding Sundays and Bank Holidays) unless otherwise permitted.
This policy applies to England and Wales.
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