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Nothing in Schedule 12 requires a constable to assist a bailiff to take control of goods, unless the bailiff has a separate warrant to use reasonable force to take control of goods on a highway.
Police are required to assist bailiffs in the execution of property possession orders.
A police officer may assist a bailiff to enter premises provided the following conditions are met:
The bailiff has a warrant for the enforcement address.
The bailiff has a warrant to enter by force issued by the court.
There are controlled goods already inside the premises.
Paragraph 22(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:
(2) A warrant under paragraph 20 or provision included under paragraph 21 may require any constable to assist the enforcement agent to execute the warrant.
Paragraph 20 states:
(1) This paragraph applies if an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15.
(2) If the enforcement agent applies to the court, it may issue a warrant which authorises him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.
Paragraph 14 authorises entry to relevant premises:
(1) An enforcement agent may enter relevant premises to search for and take control of goods.
(2) Authorises entry to multiple relevant premises.
(3) Authorises repeated entry to the same premises.
(6) Premises are relevant if the agent reasonably believes the debtor usually lives or carries on a trade or business there.
Paragraph 15 states:
(1) If an enforcement agent applies to the court, it may issue a warrant authorising him to enter specified premises.
(2) Court must be satisfied an enforcement power is exercisable and there is reason to believe goods are on the premises.
(3) The warrant authorises repeated entry to the same premises.
Paragraph 16 permits re-entry to inspect or remove goods.
There is no provision enabling police to use their powers to assist bailiffs in taking control of vehicles.
If a police officer performs a traffic stop and a bailiff then takes control of the vehicle, it may breach:
Paragraph 66 allows the debtor to bring legal action if an enforcement agent breaches a provision of Schedule 12 or acts under a defective instrument.
Section 26 of the Criminal Justice and Courts Act 2015 criminalises improper use of police powers for personal or third-party gain.
Sections 26(5)-(7) address liability where a constable fails or threatens to exercise a power improperly to cause benefit or detriment.
Make a complaint to a justice of the peace. See the checklist.