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A most common enquiries of forums relates to the subject of Magistrate Court fines and whether or not the bailiff/enforcement agent is required to have in his possession a copy of the distress warrant/warrant of control.
In almost all cases; the confusion arises from incorrect (and misleading) information on a small number of websites heavily connected to the Freeman on the Land or other such movements. These websites frequently ‘claim’ that companies enforcing magistrate court fines create ‘doctored or counterfeit’ warrants and debtors are encouraged by the websites to pay a fee to download a template letter which they are told to send to various Magistrates Courts around the country.
In November a debtor wrote to HMCTS regarding this subject. He received a lengthly response from HMCTS them which he posted on a forum in November.
The following is taken from the HMCTS reply. For ease of reference, in post number two 2 I have broken down their response into separate headings.
In this post I have extracted from HMCTS's response the relevant case law:
"It is not necessary to generate a distress warrant at the time of its issue; the relevant details can be produced (and provided to the debtor) subsequent to its issue (or indeed subsequent to its execution) but such relevant details should be recorded at the time of issue"
"Pursuant to section 125A of the Magistrates’ Courts Act 1980 where a warrant (whether a warrant of arrest, commitment, detention or distress) is executed by a civilian enforcement officer, a written statement indicating the name of the officer, the authority by which he is employed and that he is authorised in the prescribed manner to execute warrants, must, on demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable. Section 125B applies to approved enforcement agencies and makes similar provision".
"Part 52 of the Criminal Procedure Rules 2010, rules 52.7 and 52.8, set out the procedure for the execution of magistrates’ court distress warrants. The distress warrant must identify the person to whom it is directed, the person against whom it was issued, the sum for which it was issued and the reason that sum is owed, the court or fines officer who issued it and the court office for the court or fines officer who issued it (rule 52.7(1)".
"A person to whom a warrant is directed must record on it the date and time at which it is received (rule 52.7(2)). Pursuant to rule 52.8(2), the person executing the warrant must explain to the debtor the order or decision that the warrant was issued to enforce, the sum for which the warrant was issued and any extra sum payable in connection with the execution of the warrant. In addition, if he has the warrant with him, he must show it to the debtor or if the debtor asks, arrange for the debtor to see the warrant, if that person does not have it and show the debtor the written statement of that person’s authority required by section 125A or 125B of the 1980 Act
In almost all cases; the confusion arises from incorrect (and misleading) information on a small number of websites heavily connected to the Freeman on the Land or other such movements. These websites frequently ‘claim’ that companies enforcing magistrate court fines create ‘doctored or counterfeit’ warrants and debtors are encouraged by the websites to pay a fee to download a template letter which they are told to send to various Magistrates Courts around the country.
In November a debtor wrote to HMCTS regarding this subject. He received a lengthly response from HMCTS them which he posted on a forum in November.
The following is taken from the HMCTS reply. For ease of reference, in post number two 2 I have broken down their response into separate headings.
In this post I have extracted from HMCTS's response the relevant case law:
"It is not necessary to generate a distress warrant at the time of its issue; the relevant details can be produced (and provided to the debtor) subsequent to its issue (or indeed subsequent to its execution) but such relevant details should be recorded at the time of issue"
"Pursuant to section 125A of the Magistrates’ Courts Act 1980 where a warrant (whether a warrant of arrest, commitment, detention or distress) is executed by a civilian enforcement officer, a written statement indicating the name of the officer, the authority by which he is employed and that he is authorised in the prescribed manner to execute warrants, must, on demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable. Section 125B applies to approved enforcement agencies and makes similar provision".
"Part 52 of the Criminal Procedure Rules 2010, rules 52.7 and 52.8, set out the procedure for the execution of magistrates’ court distress warrants. The distress warrant must identify the person to whom it is directed, the person against whom it was issued, the sum for which it was issued and the reason that sum is owed, the court or fines officer who issued it and the court office for the court or fines officer who issued it (rule 52.7(1)".
"A person to whom a warrant is directed must record on it the date and time at which it is received (rule 52.7(2)). Pursuant to rule 52.8(2), the person executing the warrant must explain to the debtor the order or decision that the warrant was issued to enforce, the sum for which the warrant was issued and any extra sum payable in connection with the execution of the warrant. In addition, if he has the warrant with him, he must show it to the debtor or if the debtor asks, arrange for the debtor to see the warrant, if that person does not have it and show the debtor the written statement of that person’s authority required by section 125A or 125B of the 1980 Act
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