Bailiff says he has an "arrest warrant"

Commercial bailiff companies have no power to arrest, restrain or transport prisoners.

Marston Group Ltd (trading as marston holdings) use police-like terminology to mislead victims they can arrest you.

It is actually a no bail warrant under section 117 of the Magistrates Courts Act 1980, which is only a warrant to endorse bail. It is an unofficial method of tracing missing debtors.

If you see a document like the example below:

Do not respond

Do not sign anything

Never give or "confirm" your name

Never give your current address

Record everything on video using your mobile

Tell them to quietly leave

The section 117 no-bail warrant is used by Marston Group Limited, marston holdings as a pretend "arrest warrant" as a trick to identify you and find out where you live and obtain your mobile number. It is a form of tracing missing debtors and contrary to Government guidelines.

Official Guidelines:

The Government published official guidelines called, Taking Control of Goods: National Standards 2014, of which Paragraph 12 states:

Creditors must not issue a warrant knowing that the debtor is not at the address, as a means of tracing the debtor at no cost.

A bailiff must not imply that he has an enforcement power knowing that he does not.

In September 2016, a Marston Group Limited (a private Ltd company) bailiff attempted to "arrest" a debtor. The debtor pinned the bailiff to the ground until police arrived. The police arrested the debtor but was cleared on self-defence and paid damages for false arrest. Green v Bartram [1830] 4C&P, Constable of Merseyside Police [1998] 3 All ER 705. Currently section 26(5) of the Criminal Justice and Courts Act 2015.

Official Guidelines:

The Government published official guidelines called, Taking Control of Goods: National Standards 2014, of which Paragraph 20 states:

Bailiffs cannot falsely imply that action can or will be taken when legally it cannot be taken by that agent.

When a Magistrates' Court issues a genuine arrest warrant, it does so under section 83 of the Magistrates' Courts Act 1980 and can only be executed by a police officer who is on duty and wearing the correct uniform

The Law:

Section 83 of the Magistrates’ Courts Act 1980 states:

Process for securing attendance of offender

(1)A magistrates’ court may, for the purpose of enabling inquiry to be made under section 82 above or for securing the attendance of an offender at a hearing required to be held by subsection (5) of that section—

(a)issue a summons requiring the offender to appear before the court at the time and place appointed in the summons; or

(b)issue a warrant to arrest him and bring him before the court.

(2)On the failure of the offender to appear before the court in answer to a summons issued under this section, or by virtue of Schedule 5 to the Courts Act 2003 the court may issue a warrant to arrest him and bring him before the court.

(3)A warrant issued under this section may be executed in like manner, and the like proceedings may be taken with a view to its execution, in any part of the United Kingdom, as if it had been issued under section 13 above.

Example Marston Holdings "arrest warrant"