Prosecuting A Bailiff Or Enforcement Agent

Engaging a solicitor is essential when pursuing a private prosecution to ensure your case is meticulously prepared, the necessary evidence is gathered, and the appropriate application is made to the Director of Public Prosecutions for consent to issue a summons or an arrest warrant.

Initially, you must report the offence to the police, allowing them the opportunity to investigate and apprehend the suspect.

Should the police indicate they lack the resources to investigate or tell you the crime is a civil matter, you can then proceed with your private prosecution.

Your prosecution must adhere to the Crown Prosecution Service guidelines and, critically, must serve the public interest. If an offence is committed by someone acting under an enforcement power, such as a bailiff or enforcement agent, this could undermine the integrity of the court's choice, potentially drawing significant media attention.

Under section 6(1) of the Prosecution of Offences Act 1985, a private prosecution is permissible. Organisations like the RSPCA often exercise this right, but the Director of Public Prosecutions (DPP) may take over such prosecutions under section 6(2).

It's important to note that while private prosecutions can proceed to verdict and sentencing, the Crown Prosecution Service (CPS) may decide to intervene on whether the CPS should take over, which must be endorsed by a senior prosecutor.

The Crown Prosecution Service has published guidelines on private prosecutions.

Commence your work by drafting a first-person account in your own words of the events leading up to and including the offence. This account must be in chronological order and supported by evidence (exhibits). Your solicitor will use this as a crucial starting point for your complaint.