Arrested or charged with a bailiff crime

Interfering with a person lawfully acting as a bailiff constitutes an offence.

Tampering with lawfully controlled goods is also considered an offence.

However, it is a legal defence if the bailiff was not acting lawfully, or was engaging in unlawful conduct.


The Law:

Paragraph 68 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states:

Offences

(1)A person is guilty of an offence if he intentionally obstructs a person lawfully acting as an enforcement agent.

(2)A person is guilty of an offence if he intentionally interferes with controlled goods without lawful excuse.

(3)A person guilty of an offence under this paragraph is liable on summary conviction to—

(a)imprisonment for a term not exceeding 51 weeks, or

(b)a fine not exceeding level 4 on the standard scale, or

(c)both.


Conduct an enforcement compliance check to determine if the bailiff's actions were lawful. If they were not, the individual detained has a legal defence.

If you undergo arrest without subsequent charges or convictions, you might have grounds for legal action against the police for false arrest or unlawful imprisonment.

In the event of a failed prosecution, you retain the option to pursue a lawsuit for malicious prosecution.