What Is A "Civil Matter"?
A police buzzword for a crime they don't want to investigate.
The crime may still meet the criteria under criminal legislation and the CPS guidelines for prosecution, and on 20 April 2007, a definition was created by HM Government in the House of Lords.
On 20 April 2007, in the House of Lords, Lord Lucas asked Her Majesty’s Government:One means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.
The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.
The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.
In 2015, Parliament passed Section 26 of the Criminal Justice and Courts Act 2015, which makes it a criminal offence for a police officer to fail to apprehend a suspect to benefit another party.
Police officers adhere to a policy that treats bailiff misconduct and crime as civil issues, effectively shielding bailiffs from criminal prosecution. This policy operates on the assumption that bailiffs are incapable of committing crimes, fostering a culture of impunity.
Consequently, bailiffs may commit offences without fear of consequences, knowing the police will protect them. Police often discourage complaints through tactics like attrition correspondence, where they repeatedly provide excuses, or by passing complainants between departments, known as "passing them from pillar to post."
To hold a corrupt bailiff or police officer accountable, it is most effective to engage a solicitor who can present your complaint to a justice of the peace at a magistrates' court, thus initiating the process of reporting the suspect for the offence.
At your earliest convenience, gather the following information:
Compile the case by gathering all relevant evidence, including a copy of the written complaint detailing the offence and the police officer's response.
Once you have organised the evidence demonstrating that a crime has occurred, seek legal representation. This will enable you to present your case to a justice of the peace at a magistrates' court, in accordance with section 1 of the Magistrates' Courts Act 1980.