Re: Marstons clamped my van today help/advice needed
R -v- Tucker [2012] was a criminal appeal, heard by Hove Crown Court sitting as an appeal court, so it is case law. The basic thrust of the ruling by HHJ Brown was that a person has the right to use as much reasonable force as is necessary to remove a bailiff from their home who has entered by use of force without lawful authority. It was also found that the police had no grounds to take action and CPS had no grounds to prosecute and, indeed, both Sussex Police and CPS conceded this. It would, therefore, follow that a person has a right to use as much reasonable force as is necessary to prevent a bailiff removing goods the bailiff had no right in law to remove and/or had no lawful authority to remove. Yes, it is an established fact that certificated bailiffs lie and police officers, due to their lack of training in bailiff matters, get taken in by such untruths. However, police officers are slowly beginning to realise they are being used by certificated bailiffs and having their professional integrity compromised.
If certificated bailiffs are enforcing on behalf of HMCTS, any incidents involving violence, use of unlawful force, forced entry without proper authorisation can be escalated through HMCTS's area and regional enforcement teams or referred to HMCTS Criminal Enforcement Team at HMCTS HQ.
Originally posted by bizzybob
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If certificated bailiffs are enforcing on behalf of HMCTS, any incidents involving violence, use of unlawful force, forced entry without proper authorisation can be escalated through HMCTS's area and regional enforcement teams or referred to HMCTS Criminal Enforcement Team at HMCTS HQ.
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