Questions are often raised regarding Police involvement when civil matters are being enforced. However, it does depend on the type of warrant being executed as to what the Police’s involvement should be. Many Police forces now have guidelines regarding enforcement but unfortunately these are not always filtered down to ‘the bobby on the street’.
 

When a Certificated Bailiff is enforcing under the Distress for Rent Rules 1988, the Police are only required to prevent a ‘breach of the peace’. Under the warrant issued, the bailiff has authority to remove goods of the debtor. Should the debtor try and prevent the bailiff from carrying out the enforcement of his warrant then they may be arrested for breach of the peace. If force is used by the debtor against the bailiff, charges of assault may also be brought.

In that matter of the execution of a High Court writ, the Police must assist a High Court Enforcement Officer (HCEO) if requested to do so. Such assistance may be advisable where forcible entry is intended or in other situations where a breach of the peace is likely.

A person who resists or intentionally obstructs an HCEO (or his agent) whilst executing a High Court writ could also be guilty of a criminal offence and, as such, liable to arrest.

It is common practice for Enforcement Officers to notify the Police should assets be removed in a debtor’s absence. This is particularly important when removing seized vehicles to avoid any misunderstanding should the debtor report the vehicle as stolen.

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Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.