New powers for baliffs?

mjh1977

I was wondering if anyone knew anything further about this letter to this morning's "Indepdendent"...? I have no background information and this is new to me, but if it's true this seems to be a matter of concern for DFWs. Can anyone clarify?


Fines bailiffs can invade your home

Sir: Are your readers aware that, under the new fines collection orders which become fully enforceable on the 18 July, a fines officer may break into their homes to seize goods, conduct body searches, if they are subject to arrest for commitment proceedings to enforce the fines (including searching the mouth), clamp and seize their car and refer a fine back to court to be increased by 50 per cent where wilful refusal or culpable neglect by a defaulter is established? This fundamental change in the law was not included in the Courts Act 2003 but was concealed within the provisions of the Victims of Crime and Domestic Violence Act 2004. There was no debate in Parliament nor consultation of anyone, not even the bailiffs themselves.

More information at the Indy's letters page:
http://comment.independent.co.uk/letters/article994046.ece


THE REV PAUL NICOLSON,

CHAIRMAN, ZACCHAEUS 2000 TRUST, LONDON N17

lynzpower

I dont :eek: But this body searching?
Surely unenforcable under the human rights act, its a violation - SURELY :eek:

Im gonna make a cuppa then sit down and read the Act, thanks for bringing this up :eek:

heybigspender2006

That can't be true buddy surely. I mean, what assets could you store in your mouth anyway?
"I'm here to reposess your plasma TV now where is it?!"
"*mfffffffff*"
"Open your mouth please sir..."

lynzpower

http://www.opsi.gov.uk/si/si2004/20040175.htm

heres the SI,

although note it is a pilot

Im so knackered I dont have time to digest this at the mo, but I will havea nose over it later

file_wizzard

Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Revenue and Customs) can get a warrant to force entry, but this is very rare.

From 18 July 2005, enforcement agents acting for the magistrates' court may enter and search premises for the purpose of pursuing unpaid criminal fines - providing this action is reasonably required. The new rule adds that an authorised officer may use reasonable force if necessary.

With regards to the body searches this is not something I have come across before, and at present cant confirm it is correct, however I would suspect any bailiff foolish enough to attempt this would find it practically impossible to defend their actions and it would result in both criminal and civil actions being taken against the bailiff in respect of common / indecent assault.