Can the bailiff force entry into
my home?
If the bailiff is pursuing you for an unpaid fine of a criminal
nature…then the answer, unfortunately, is yes. However,
this is more of a threat, and during the past year, bailiffs forced
entry into a home on less that 10 occasions.
The right for bailiffs acting on behalf of the Magistrates Court, the power to “enter and search
any premises” for the purpose of executing a Warrant
of Distress, was granted under Paragraph 3 of Schedule 4A of the
Magistrates Courts Act 2004. This provision was also then inserted
into the Domestic Violence, Crime and Victims Act 2004 which was
introduced last year.
The right to force entry however only applies
to the collection of unpaid fines which are criminal matters.
It is important to note that these rules do
not apply to the collection of unpaid council tax, business
rates, unpaid parking and congestion charge notices, CSA arrears
etc. The rules only apply to unpaid fines administered in the
Magistrates Court.
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