I require your indemnity insurance. according to the OFFICIAL GUIDANCE FOR POLICE OFFICERS ATTENDING THE SCENE OF BAILIFFS 1. POLICY AND AUDIT IDENTIFICATION 1.1 This policy has been drafted and audited in accordance with the principles of Human Rights legislation and the RaceRelations (Amendment) Act 2000. Under the Freedom of Information Act 2000, the document is classified as OPEN. 2. POLICY STATEMENTS/INTENTIONS 2.1 This document is designed as a reference point for officers when dealing with bailiffs and other officers of the court legally authorised to collect a debt on behalf of a creditor. 2.2 The policy gives officers guidance on their role when attending premises with bailiffs, and for their information also provides summaries of the rules bailiffs should follow when lawfully conducting their business. 3.1 The law relating to bailiffs and their powers is extremely wide. Using legal authorisation, they may collect debts for any number of creditors. This can sometimes be a difficult experience for both debtor and bailiff, which is why officers may be called to attend. 3.3 The Constabularys involvement with regard to the policing of bailiffs as with any other civil dispute - is to prevent a breach of the peace from occurring, or to attend an incident when a specific criminal offence has occurred or is likely to occur. 3.4 These instances will largely be confined to: disputes by debtors over a bailiffs entry to their premises when executing a warrant or liability order; the lawful conduct of the bailiff when entering and inside the premises; and any criminal/illegal activity committed by either a bailiff or debtor. 4.1 When first called to a scene, or if attending a scene with a bailiff by prior arrangement, a constable should be satisfied of: a. The bailiffs identity and status, (Neither Michelle Brown or Nigel Webster Identified themselves however, Michelle brown did insist she did not need to be certified. b. The authority on which the bailiff has or seeks to enter the premises; including any relevant documentation which gives the bailiff the power to enter the premises, The fact that the bailiff has located the correct premises or correct debtor. 4.2 Advice for bailiffs is that they should always, upon request, produce relevant identification, such as a badge or ID card, together with a written authorisation to act on behalf of the creditor. 4.3 If a bailiff or court officer is unable to provide evidence of identity, status, authority or power, and is causing a breach of the peace or committing an offence, the police constable should prevent the bailiff from entering the premises, or if already on the premises, should remove the bailiff/court officer at once. 4.4 If the documentation is in order, the constable should remind the bailiff that entry must be obtained without force, except in the circumstances highlighted in Appendix B. N.B. Bailiffs can take goods from outside the premises such as a debtors vehicle on a driveway (if they have a clamping order), or garden equipment. 4.5 Constables should be aware of their duty to keep the peace. If there is a sufficiently real and imminent threat of a breach of the peace, the constable should be very careful when determining who is acting unlawfully, then act accordingly by arresting the prime culprit of the potential breach, or using his/her discretion to diffuse the situation. It is vital to remain impartial to determine whose conduct is unlawful. 4.6 However, it is not the responsibility of the Officer to act as an arbitrator between the bailiff and the debtor, nor to determine the rights and wrongs of the issue, and in no way should the officer assist in the seizure of any goods. 5.0 DETERMINING CRIMINAL LIABILITY 5.1 When determining that there is a sufficiently real and imminent threat of a breach of the peace, which justifies an arrest, the officer must decide whose conduct is causing that breach. 5.4 However, should the bailiff be acting unreasonably or unlawfully whilst gaining entry, whilst inside the premises, or so to provoke the debtor, then that will be considered unlawful on their part. 5.6 If other elements exist, such as a bailiff threatening or using violence to gain entry, or assault or criminal damage by either party, then other powers of arrest should be used. 7.1 County Court Bailiffs: Enforce money owed under county court judgment debt. Power: can Seize and sell goods, effect and supervise the possession of property and the return of goods under hire purchase, and serve court documents. 7.2 High Court Enforcement Officers: Enforce money owed under high court judgment, or judgment transferred from county court. Power: Can seize and sell goods, & enforce and supervise the possession of property and the return of goods. 7.3 Civilian Enforcement Officers (CEOs are employed by HMCS): Enforce Magistrates Court Orders, fines and community penalty notices. Power: can Seize and sell goods to recover amount of money owed under a fine and community penalty notice. Under certain statutes, have the power of ARREST, committal, detention and distress. 7.5 Non-Certificated Bailiffs: Enforce debts owed to a variety of organisations. Power: are only entitled to seize the goods that are subject to the particular debt being pursued, e.g. a vehicle bought on credit when the payments have not been made. 8.2 The basic rule for Bailiffs is that entry should be without force, thus they have the right to peaceful entry only. There is no legal requirement by a debtor to let a bailiff into their home. 8.3 To gain peaceful entry, the bailiff can walk through an open door, open an unlocked door, climb through an open window, and even climb over a wall or fence, provided no damage is caused in so doing. 8.4 The bailiff cannot, however, break open a closed but unfastened window or door, open a closed latched window, or use a locksmith to open a door. Use of a landlords key is also illegal. They cannot force their way past someone at a door, or wedge their foot in a doorway to prevent the door being closed. The protection against forced entry extends to all buildings physically attached to the living premises. 8.5 Reasonable Force may be used to gain entry in these circumstances only: a. A bailiff is executing a magistrates distress warrant for non-payment of fines. b. A bailiff has once previously entered a debtors home peacefully, N.B. A County Court Bailiff must always obtain the permission of a District Judge before a forced entry BLACKSTONES Police Operational handbook 2014 Law Police national Legal database Editor; Ian Bridges Consultant Editor; Fraser Sampson, Office of Police and Commissioner, West Yorkshire. And as regards to the resisting a court officer executing process to re-possess occurrence number 13140315010 I REQUIRE THIS CHARGE AGAINST MICHELLE COLEMAN QUASHED/REMOVED FORTHWITH. MICHELLE COLMAN WAS LAWFULLY OBSTRUCTING THE DOOR AND ATTEMPTING TO TELL THE CONSTABLES THAT THE MORTGAGE INTEREST WAS MET EVERY 4 WEEKS. ANOTHER POINT IS PC 6321 SEWELL WHO IN HIS STATEMENT STATES Mr Clapham was reading off a piece of paper stating “old common law I believe this incompetent individual needs to understand that under our constitution there are only two courts recognised the Supreme court and the High court and common law is the Supreme Law of the land in England, Ireland, Scotland and wales amongst other countries which are not related to this case.... Furthermore a Police Constables oath of Office is as follows:- Police Oath “I…………of………. Do solemnly and Sincerely declare and affirm that I will well and truly serve the Queen in the office of constable with fairness, integrity, diligence and impartiality upholding fundamental Human Rights and according equal respect to all people, and that I will to the best of my power cause the peace to be kept and preserve and prevent all offenses against people and property and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to the LAW” fundamental Human rights are all at common law!!! as Terresa May has said we are governed by consent meaning legislation/statutes and codes. MOREOVER, Fundamental rights & Personal Rights sec 40 sub 5 The dwelling of every citizen is inviolable, and shall not be forcibly entered save in accordance with the Law:- AND…. As I understand ALL Police Constables are under an oath to the Queen and God to serve and protect and uphold common Law. NOTWITHSTANDING:- UNLAWFUL ADMINISTRATIVE PROCESS There is No Authority or jurisdiction in these privately hired out venues. The so called Judge is not a Judge he is a money generator for the state or large corporation. Halsburys law 2011 states administrative courts unlawful. The law is absolutely clear on this subject. There is no authority for administrative courts in the country and no Act can be passed to legitimise them because of constitutional restraint placed upon her Majesty at her coronation. The collection of revenue by such means is extortion, and extortion has been found reprehensible since ancient times. Separation of powers today, for example, council tax regulations, the billing authority, the prosecuting authority and the enforcement authority are all vested in the same body sound familiar? The same bodies even purport to issue their own legal documents, by tacit agreement with the court. In our system of Common Law, the rule of law demands that we have a separation of powers. Today the powers are not separated the executive is not a distinct, free-standing leg of the tripod. The executive now emerges directly from within the elected chamber of the legislature where previously it emanated directly from the Monarch. That leads to constitutional confusion because the executive has seized and misuses Parliament`s democratic credentials for its own, destructive, purposes, fortunately, we have something to which we can turn to preserve our ancient laws and freedoms. We have the oath of Her majesty the Queen took at her coronation by which she is solemnly bound and from which no one in England, wales and Scotland has released her. At her coronation the Queen swore to govern us, according to our respective laws and customs. Certainly, among our reputed customs is precisely that invaluable and widely admired tripartite division of powers. The judiciary is part and parcel of our customary system of internal sovereignty “the Queen Parliament”. It is one of these separate symbiotic powers, and it is a capricious and self-serving contention that it should not have the power to preserve the authority of the legislature over the executive. It is a constitutional principal that the assent of the Queen & parliament is prerequisite to the establishment of a court which can operate a system of administrative law in Her Majesty`s courts in England. This was confirmed by lord denning during the debate on the European Communities Amendment Bill, HL Deb 08 October 1986 vol 480cc246-95 246 at 250 “There is our judicial system deriving from the crown as the source and fountain of justice. No court can be set up in England; no court can exist in England, except by the authority of the Queen and Parliament. That has been so ever since the Bill of Rights “08-10-1986 vol 480 c246-95 246 at 250. (15/12/2011 22.30:58) Catherine crossant 1: Halsbury`s laws of England/ADMINISTRATIVE LAW (VOLUME 1 (1) (2001 REISSUE))/1. England/ADMINISTRATION/(1) SCOPE AND NATURE OF THE SUBJECT/1. Scope. I HAVE DECIDED I WILL NOW PROCEED WITH PRIVATE PROSECUTIONS AGAINST ALL CONCERNED WITH THIS ILLEGAL/UNLAWFUL EVICTION PERHAPS IT WILL BE INTERESTING IN QUEENS BENCH TO HEAR FROM ALL THESE CONSTABLES WHO ARE ACTUALLY IGNORANT REGARDING THE LAW MOREOVER, WHEN IGNORANCE IS NO EXCUSE IN LAW.
Posted on: Tue, 07 Oct 2014 09:33:57 +0000
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