What is a "civil matter"?
A police buzzword for a crime they don't want to investigate.
The offence may still satisfy the requirements outlined in criminal legislation and the guidelines of the Crown Prosecution Service (CPS) for pursuing prosecution.
A definition was established by Her Majesty's Government in the House of Lords on 20th April 2007.
On 20 April 2007, in the House of Lords, Lord Lucas asked Her Majesty’s Government:
Whether a bailiff who repeatedly charges for work that has not been done commits a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter.
A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 1 of the 2006 Act contains the new general offence of fraud.
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.
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.
Whether a person who represents himself to be a certificated bailiff, but is not, and by doing so obtains a payment or goods from a debtor, commits a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter.
The Fraud Act 2006 created a new general offence of fraud. This can be committed by three means, one of which is by false representation. Fraud by false representation is set out in Section 2 of the Act. 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, that person will be committing an offence. A person who dishonestly represents to be a certificated bailiff, but is not, is likely to be committing an offence under this section. It will be necessary to show that the person was acting dishonestly in making the false representation, as well as that they intended to make a gain or cause a loss. It is immaterial whether they actually obtained a payment or goods from a debtor.
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, new legislation was introduced stipulating that if a police officer dismisses a written complaint of an offence or obstructs an investigation, they may be liable for an offence and also for breaching their statutory duty.
Police officers adhere to an institutional policy categorizing bailiff-related matters as civil issues, effectively placing bailiffs above the law on the assumption that they are incapable of wrongdoing.
This grants bailiffs unchecked freedom to engage in unlawful activities with impunity, secure in the knowledge that the police will shield them from accountability.
The police's handling of complaints is designed to wear down complainants, often by repeatedly dismissing them with excuses, a practice known as attrition correspondence. Another tactic employed is transferring complainants from one department or individual to another, known colloquially as "passing them from pillar to post."
The most expeditious route to holding a corrupt bailiff or police officer accountable is to convince a solicitor of the merits of your complaint. The solicitor can then present the information to a justice of the peace at a magistrates' court to consider reporting the suspect for the alleged offence.
As soon as practicable, gather the following:
The Law:
Section 26 of the Criminal Justice and Courts Act 2015 states:
Corrupt or other improper exercise of police powers and privileges
(1)A police constable listed in subsection (3) commits an offence if he or she—
(3)The police constables referred to in subsection (1) are—
(6)The first case is where—
(9)In this section—
(11)Nothing in this section affects what constitutes the offence of misconduct in public office at common law in England and Wales or Northern Ireland.
(1)A police constable listed in subsection (3) commits an offence if he or she—
(a)exercises the powers and privileges of a constable improperly, and
(b)knows or ought to know that the exercise is improper.
(2)A police constable guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both).(3)The police constables referred to in subsection (1) are—
(a)a constable of a police force in England and Wales;
(b)a special constable for a police area in England and Wales;
(c)a constable or special constable of the British Transport Police Force;
(d)a constable of the Civil Nuclear Constabulary;
(e)a constable of the Ministry of Defence Police;
(f)a National Crime Agency officer designated under section 9 or 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable.
(4)For the purposes of this section, a police constable exercises the powers and privileges of a constable improperly if—
(a)he or she exercises a power or privilege of a constable for the purpose of achieving—
(i)a benefit for himself or herself, or
(ii)a benefit or a detriment for another person, and
(b)a reasonable person would not expect the power or privilege to be exercised for the purpose of achieving that benefit or detriment.
(5)For the purposes of this section, a police constable is to be treated as exercising the powers and privileges of a constable improperly in the cases described in subsections (6) and (7).(6)The first case is where—
(a)the police constable fails to exercise a power or privilege of a constable,
(b)the purpose of the failure is to achieve a benefit or detriment described in subsection (4)(a), and
(c)a reasonable person would not expect a constable to fail to exercise the power or privilege for the purpose of achieving that benefit or detriment.
(7)The second case is where—
(a)the police constable threatens to exercise, or not to exercise, a power or privilege of a constable,
(b)the threat is made for the purpose of achieving a benefit or detriment described in subsection (4)(a), and
(c)a reasonable person would not expect a constable to threaten to exercise, or not to exercise, the power or privilege for the purpose of achieving that benefit or detriment.
(8)An offence is committed under this section if the act or omission in question takes place in the United Kingdom or in United Kingdom waters.(9)In this section—
"benefit" and "detriment" mean any benefit or detriment, whether or not in money or other property and whether temporary or permanent;
"United Kingdom waters" means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea.
(10)References in this section to exercising, or not exercising, the powers and privileges of a constable include performing, or not performing, the duties of a constable.(11)Nothing in this section affects what constitutes the offence of misconduct in public office at common law in England and Wales or Northern Ireland.
To construct your case, compile the evidence, which should include a duplicate of the written complaint of the offence and the response from the police officer.
Gather and organise the evidence demonstrating the occurrence of the crime. Subsequently, seek legal counsel to present the information to a justice of the peace presiding over a magistrates' court in accordance with section 1 of the Magistrates' Courts Act 1980.
The Law:
Section 1 of the Magistrates’ Courts Act 1980 states:
Issue of summons to accused or warrant for his arrest.
(1)On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue—
(3)No warrant shall be issued under this section unless the information is in writing
(4)No warrant shall be issued under this section for the arrest of any person who has attained the age of 18 years unless—
(4C)Subsection (4A) applies to—
(6)Where the offence charged is an indictable offence, a warrant under this section may be issued at any time notwithstanding that a summons has previously been issued.
(7)A justice of the peace may issue a summons or warrant under this section upon an information being laid before him notwithstanding any enactment requiring the information to be laid before two or more justices.
(1)On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue—
(a)a summons directed to that person requiring him to appear before a magistrates' court to answer the information, or
(b)a warrant to arrest that person and bring him before a magistrates' court.
(2) Repealed(3)No warrant shall be issued under this section unless the information is in writing
(4)No warrant shall be issued under this section for the arrest of any person who has attained the age of 18 years unless—
(a)the offence to which the warrant relates is an indictable offence or is punishable with imprisonment, or
(b)the person’s address is not sufficiently established for a summons to be served on him.
(4A)Where a person who is not a relevant prosecutor authorised to issue requisitions lays an information before a justice of the peace in respect of an offence to which this subsection applies, no warrant shall be issued under this section without the consent of the Director of Public Prosecutions.
(4B) Repealed(4C)Subsection (4A) applies to—
(a)a qualifying offence which is alleged to have been committed outside the United Kingdom, or
(b)an ancillary offence relating to a qualifying offence where it is alleged that the qualifying offence was, or would have been, committed outside the United Kingdom.
(4D)In subsection (4C) “qualifying offence” means any of the following—
(a)piracy or an offence under section 2 of the Piracy Act 1837 (piracy where murder is attempted);
(b)an offence under section 1 of the Geneva Conventions Act 1957 (grave breaches of Geneva conventions);
(c)an offence which (disregarding the provisions of the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons);
(d)an offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking);
(e)an offence under section 1, 2 or 6 of the Aviation Security Act 1982 (hijacking etc);
(f)an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 2A of the Nuclear Material (Offences) Act 1983 (offences relating to nuclear material);
(g)an offence under section 134 of the Criminal Justice Act 1988 (torture);
(h)an offence under section 1 of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes);
(i)an offence under sections 9 to 14 of that Act (hijacking ships etc);
(j)an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 3 of the United Nations Personnel Act 1997 (attacks on UN workers etc).
(4E)In subsection (4C) “ancillary offence”, in relation to an offence, means—
(a)an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement);
(b)attempting or conspiring to commit the offence.
(5) Repealed(6)Where the offence charged is an indictable offence, a warrant under this section may be issued at any time notwithstanding that a summons has previously been issued.
(7)A justice of the peace may issue a summons or warrant under this section upon an information being laid before him notwithstanding any enactment requiring the information to be laid before two or more justices.