Cutting Off A Bailiffs Wheel Clamp.
Section 1 of the Criminal Damage Act 1971 outlines the offence of unlawfully damaging property that belongs to another person. Under Section 5 of the same Act, you are not guilty if you can demonstrate a lawful excuse for your actions.
However, the police may charge you with 'Interfering With Controlled Goods' under paragraph 68 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. To defend against this, you must establish that the enforcement breaches any provisions of Schedule 12 or its associated regulations by running this checklist.
If anyone questions you about removing the wheel clamp, it is crucial never to admit to anything. Ensure that the clamp and lock are not found, as this eliminates any evidence and makes it difficult to prove any wrongdoing. Additionally, it is advisable to start recording video footage using your mobile phone for your protection.
If a police officer arrests you, remember that you have the right to remain silent and give a 'No Comment' interview until you are shown the evidence of the accusations against you.
If the police do not charge you with an offence, then you can bring an action under section 26 of the Criminal Justice and Courts Act 2015 against the arresting police officer for false arrest and unlawful imprisonment.