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Bailiffs gain new power to force entry
David Polden
In another serious loss of our
ancient freedoms, some civilians
have been given the right to break
into our homes, namely bailiffs
executing warrants for the
removal of our belongings to
defray unpaid fines or other civil
debts.
This happened in 2005, when
the Domestic Violence, Crimes
and Victims Act (2004) came into
force. Thus we read in "Schedule
4A, Section 3", "An authorised
officer may enter and search any
premises for the purpose of executing a warrant of distress
issued... for default in paying a
sum adjudged to be paid by a
conviction."
Section 5 adds, "An authorised
officer may use reasonable force,
if necessary, in the exercise of a
power conferred on him by this
Schedule."
It is perhaps a moot point as to
whether "reasonable force" covers
forcible entry and if so under what
circumstances, which is perhaps
why an attempt is made to clarify
the situation in schedule 12 of the
Tribunals, Courts and Enforcement Act (2007).
Here the power of bailiffs to
forcibly enter homes to distrain
goods has been spelled out and
extended to cover the distraint of
goods to cover all civil debts.
Notice in advance
However bailiffs are required to
apply to a judge for a warrant
before exercising this power and
the debtor must be given notice in
advance.
Bailiffs now include threats to
forcibly enter homes to distrain
goods when demanding payment
of overdue fines, but I think in
practice they would be loath to
exercise this power.
Bailiffs want to earn their commission with the least expenditure
of time, energy and risk.
It's not worth their while to pursue determined non-payers
beyond a certain point, and this
point is very soon reached with
moderate fines.
To forcibly enter premises might
be seen as a step too far: what
happens if they forcibly enter the
wrong premises or cause unreasonable damage?
Please let David know of any cases
where bailiffs have forcibly entered
premises to distrain goods: 020
7607 2302;
david.lrcnd@cnduk.org
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