The Constabulary's 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.
These instances will largely be confined to: disputes by debtors over a bailiff's 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.
When first called to a scene, or if attending a scene with a bailiff by prior arrangement, the police will check:
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.
If the bailiff were hindered in any way whilst acting lawfully and reasonably in the course of their duties, then that would constitute a breach of the peace by those causing the obstruction and may render the householder liable to arrest.
Bailiffs can take goods from outside the premises such as a debtor's vehicle on a driveway (if they have a clamping order), or garden equipment.
The basic principle is that enforcement agents should seek to gain peaceable entry to a premises.
They should not seek to gain peaceable entry to premises under false pretences; for example asking to use the toilet, or to use the telephone. They should be clear as to why they are seeking entry to the premises.
Enforcement agents should only enter premises as part of the enforcement process.
Enforcement agents must only use a door or usual means of entry to enter premises.
A power to enter premises by force exists for the execution of High Court and County Court debts at business premises or at any premises where an enforcement agent is enforcing criminal penalties. This power should only be used to the extent that it is reasonably required and only after the debtor has been warned that the power exists and the consequences of a wilful refusal to co-operate.
It is not the responsibility of the Police 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 an officer assist in the seizure of any goods.