When bailiffs are permitted to employ a locksmith to gain entry.
Bailiffs are authorised to gain entry into private residences with the assistance of a locksmith when:
Bailiffs are not permitted to enter private residences with a locksmith when undertaking the recovery of:
The legislation allows Magistrates' Court fine bailiffs to "gain entry by reasonable force."
Bailiffs misinterpret this to imply - "get a locksmith."Bailiffs are forbidden from employing force against individuals during the process of debt recovery.
If a locksmith or any individual unlawfully enters a property, they are guilty of the offence of Breaking and Entering.
The offence of breaking and entering comprises two elements.
Bailiffs possess legal authority to enter "relevant premises," but they are not empowered to forcibly enter any premises unless it is a commercial establishment.
"Relevant premises" include the enforcement address stated on the writ or warrant, any location where the debtor typically resides, or where the debtor conducts a trade or business.
Even if a bailiff breaches enforcement regulations, they cannot be prosecuted for burglary, as it constitutes an offence of entering unlawfully as a trespasser, and bailiffs are immune from liability under the following legislation.
The Law:
Paragraph 66(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states:
This results in potential liability for the Criminal Damage aspect of the offence.
If a bailiff forcibly enters any premises with a locksmith, even if the locksmith replaces the original lock with a new one, the bailiff may be culpable of theft or criminal damage to the original lock.
The Law:
Section 1 of the Criminal Damage Act 1971 states:
(1)A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.
(2)A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—
(3)An offence committed under this section by destroying or damaging property by fire shall be charged as arson.
The authoritative legislation regarding the engagement of locksmiths for gaining unauthorised entry into property
Paragraphs 14 to 30 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:
Paragraph 14
(1)An enforcement agent may enter relevant premises to search for and take control of goods.
(2)Where there are different relevant premises this paragraph authorises entry to each of them.
(3)This paragraph authorises repeated entry to the same premises, subject to any restriction in regulations.
(4)If the enforcement agent is acting under section 72(1) (CRAR), the only relevant premises are the demised premises.
(5) Repealed
(6)Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor—
Paragraph 15
(1)If an enforcement agent applies to the court it may issue a warrant authorising him to enter specified premises to search for and take control of goods.
(2)Before issuing the warrant the court must be satisfied that all these conditions are met—
Paragraph 16
(1)This paragraph applies where goods on any premises have been taken control of and have not been removed by the enforcement agent.
(2)The enforcement agent may enter the premises to inspect the goods or to remove them for storage or sale.
(3)This paragraph authorises repeated entry to the same premises.
Paragraph 17
Where paragraph 18 18A, 19 or 19A applies, an enforcement agent may if necessary use reasonable force to enter premises or to do anything for which the entry is authorised.
Paragraph 18
Paragraph 19
Note: Section 127 Finance Act is the enforcement of unpaid tax or VAT.
Paragraph 19A
(4)If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period.
(5)The order may be subject to conditions
Paragraph 20
Application for power to use reasonable force
(1)This paragraph applies if an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15.(2)If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.
Paragraph 21
(2)If the enforcement agent applies to the court it may include in the warrant provision authorising him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.
Paragraph 22
(2)A warrant under paragraph 20 or provision included under paragraph 21 may require any constable to assist the enforcement agent to execute the warrant.
Paragraph 23
Paragraphs 24 to 30 apply where an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15.
Paragraph 24
(2)A power to use force does not include power to use force against persons
Paragraph 25
(2)Regulations may give the court power in prescribed circumstances to authorise him to enter or remain on the premises at other times.
(3)The authorisation—
Paragraph 26
Paragraph 27
(2)They may assist him in exercising any power, including a power to use force.
(3)They must not remain on the premises without the enforcement agent.
(4)The enforcement agent may take any equipment onto the premises.
(5)He may leave equipment on the premises if he leaves controlled goods there.
Paragraph 28
(2)Regulations must state—.
(4)If the debtor is on the premises when the enforcement agent is there, the enforcement agent must give him the notice then.
(5)If the debtor is not there, the enforcement agent must leave the notice in a conspicuous place on the premises.
(6)If the enforcement agent knows that there is someone else there or that there are other occupiers, a notice he leaves under sub-paragraph (5) must be in a sealed envelope addressed to the debtor.
Paragraph 29
Paragraph 30
A noteworthy use of "reasonable force" and interpreting it as "getting a locksmith", the law allows "reasonable force" to clamp a car on the road, a situation that does not require a locksmith, however, it may be interpreted as getting a locksmith to release a car if it secured on a highway.
Paragraph 31
(1)If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to take control of goods on a highway.
(2)The court may not issue a warrant unless it is satisfied that prescribed conditions are met.
(3)The warrant may require any constable to assist the enforcement agent to execute it.
(4)The power to use force is subject to any restriction imposed by or under regulations.
(5)The power to use force does not include power to use force against persons