A prosecution is a criminal proceeding. It is not suitable for applying for a claim for damages. You need to get permission from the Director of Public Prosecutions. You must build your case before approaching them. Magistrates have a power to award victims of crime compensation, but these are tokenary.
As soon as the crime has taken place, you must start writing everything down while it is fresh. NEVER rely on memory. Your notes don't need to be legally formatted, just in your own words as a first-person account saying what happened. Include information about your material losses.
You must report the offence in writing to the police, and give them an opportunity to investigate the crime and give it to the CPS.
Use the following template to report the crime to police:
Give a copy to police. They may show outward signs that bailiff crime is a civil matter. When the police have dismissed your complaint, then:
Section 1 of the Magistrates' Courts Act 1980 states:
Issue of summons to accused or warrant for his arrest:
(1) On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue:
(a) a summons directed to that person requiring him to appear before a magistrates' court to answer the information, or
(b) a warrant to arrest that person and bring him before a magistrates' court.
(3) No warrant shall be issued under this section unless the information is in writing.
(4) No warrant shall be issued under this section for the arrest of any person who has attained the age of 18 years unless:
(a) the offence to which the warrant relates is an indictable offence or is punishable with imprisonment, or
(b) the person's address is not sufficiently established for a summons to be served on him.
Using this free template. Get it sworn before a solicitor, then give a copy to the police for their information.
Contact me for a telephone consultation and assessment on whether your case is suitable to be sent to the Director of Public Prosecutions.
Using your notes and your emailed enforcement resolution advisory, I can help you draft the prosecution statements to be laid before a justice of the peace.
If the justice is satisfied the suspect is to answer the information, he is given a summons to attend court.
If the suspect fails to attend, an arrest warrant is issued. If the suspect pleads guilty, he will be sentenced immediately. Otherwise, police process the information and the case proceeds to trial if necessary. You may be required to give evidence.
Damage to property
Clamping
Fraud
Assault
Each case must be considered on its individual merit for prosecution suitability.
Police officers can be guilty of abuse of power under Section 26 of the Criminal Justice and Courts Act 2015. They may also offend if they fail to arrest suspects when required.
This is a non-exhaustive list of criminal offences a bailiff may commit, including fraud, theft, assault, public order offences, and impersonation of authority. All are fully referenced in the original document and must be backed by evidence if cited in a prosecution.
Refer to full statutes including: