If you have already been arrested for obstructing a bailiff or removing an illegal wheel clamp, click here for next steps .
Memorise this exact phrase to say after the caution is read:
“I do not recognise the significance of those words and I would like to exercise my legal right to refer to PACE — The Police and Criminal Evidence Act.”
The police must then give you access to PACE , which is a complex document. You are entitled to read it thoroughly before the process continues.
You can also say:
“A complaint may be made to a magistrate for the purpose of reporting you for offences including unlawful imprisonment and assisting an offender.”
Many officers will respond more respectfully when you exercise your rights clearly and lawfully.
Most officers do not carry a copy of PACE, so they may have to request one from the station, causing significant delay. If you read PACE for over 24 hours, the police must either charge you, release you, or seek a time extension. Never consent to an extension in writing.
If an interview follows, provide your name only and repeat the above statement if cautioned again. Then, during the recording, calmly state what the bailiff did, how you were defrauded, assaulted, or had property damaged. Ask why no criminal investigation is taking place. Make clear that the officers may be committing offences under Section 4 of the Criminal Law Act 1967 and Section 26 of the Criminal Justice and Courts Act 2015 , especially if they ignore evidence (so-called Nelsonian Knowledge ).
Remember: you are entitled to control the police interview. Ask the questions. Insist they answer on the recording.
If police suppress evidence of a bailiff’s unlawful conduct, that may amount to unlawful imprisonment or kidnapping. You may be entitled to sue the police for aiding in illegal enforcement. See relevant case precedents .
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