Police Officer Assisted a Bailiff to Take a Vehicle or Enter Property

Arrested? See this article, then return to this page.

The Myth

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.

Entering Premises

A police officer may assist a bailiff in entering premises only if all 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 provides the court's authority to issue a warrant authorising force where entry powers exist under paragraph 14, 15, or 16.

Paragraph 14 authorises entry to search for and take control of goods at relevant premises. Repeated entry is permitted.

Paragraph 15 provides for court-issued warrants to enter specified premises, once criteria are met including the presence of goods and reasonableness.

Paragraph 16 allows re-entry for inspection, storage, or sale of goods already taken into control.

Taking Vehicles

There is no legal provision allowing police to use their powers to assist bailiffs in taking control of vehicles.

If a police officer performs a traffic stop and the bailiff then seizes the vehicle, that may breach paragraph 13(3) of Schedule 12 and regulation 10(2) of the Taking Control of Goods Regulations 2013.

Paragraph 13(3): Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including prohibiting use in specified circumstances.

Regulation 10(2): An enforcement agent may not take control of an item in use if doing so would likely breach the peace.

"In use" means being operated or in the hands of the person.

Legal Remedy - Paragraph 66

An action can be brought under paragraph 66 of Schedule 12:

66(1) This paragraph applies where an enforcement agent:

(a) breaches a provision of this Schedule; or

(b) acts under a defective enforcement instrument.

66(3) The debtor may bring proceedings in the High Court or county court. The court may:

(a) order the return of goods;

(b) order damages for loss suffered.

Here is how to bring proceedings.

Criminal Liability - Abuse of Police Powers

Section 26 of the Criminal Justice and Courts Act 2015 sets out criminal offences where police improperly exercise or fail to exercise powers for improper purposes.

(1) A police constable commits an offence if he:

(a) improperly exercises police powers; and

(b) knows or ought to know the exercise is improper.

(2) Maximum penalty is 14 years imprisonment or a fine (or both).

(5) Includes failure to act and improper threats.

How to Seek Redress

Make a complaint to a justice of the peace. See also this checklist.