Bailiff jammed his foot in the door
Any individual who behaves confrontationally by applying force against a door, particularly when someone is behind it, is in breach of Section 39 of the Criminal Justice Act 1988.
If you sustain injuries due to the use of force, the bailiff is in breach of Section 47 of the Offences Against the Person Act 1861.
The legislation permitting bailiffs to employ force against individuals was abolished on 15th July 2013 through section 25(5) of the Crime and Courts Act 2013 which amended Paragraphs 24(2) and 31(5) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, removing the provision that previously sanctioned the use of force by bailiffs in debt recovery.
If you are injured, make a Personal Injury Claim.
If you find yourself confined behind a door with a bailiff's boot wedged into it:
A bailiff can be charged with common assault even without resorting to physical violence; the mere threat and the resulting fear experienced by the debtor constitute grounds for this charge.
Should physical violence occur subsequently, the bailiff may face additional charges related to battery.
The Law:
Section 39 of the Criminal Justice Act 1988 states:
A summary offence entails that the offence can exclusively be adjudicated in a magistrates' court.
The more severe offence of Actual Bodily Harm (ABH) is eligible for trial in the Crown Court.
The Law:
Section 47 of the Offences Against the Person Act 1861 states:
Enforcement regulations prohibit the use of force against people, and from 2013, that was extended for the enforcement of unpaid court fines.
The Law:
Paragraph 24 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:
(2)A power to use force does not include power to use force against persons.
On 19 September 2018, Parliament published a briefing paper of which, on page 7 states:
Bailiffs are not allowed to push past an individual to gain entry or jam their foot into a door to prevent it being shut.You have the option to report the offence to the police.
Should the police classify the crime as a civil matter, you retain the right to pursue legal action against both the bailiff and the police force for breaching their statutory duty.
Rai & Rai v Birmingham City Council [1993]
Before Mr. J P Kieran, deputy stipendiary magistrate, Birmingham Magistrates' Court
The complainants were indebted to the city council for unpaid Community Charge (Poll Tax) of £252.93, £302.84 and £315.50 for the years 1990-93 respectively. Liability orders were issued and a bailiff company was instructed.
On July 21 1993 two bailiffs called at the Rai's home and the complainant Mrs Rai and her 17 year old daughter, Mrs Bassi, were present.
Mrs Rai had been advised by her neighbourhood office to refuse entry to the bailiffs and she did just that. She stood in the doorway and held the door slightly open but would not permit entry.
The bailiffs asked to use her phone, she lied and said she did not have one. She was about to go out to speak to them when one bailiff put his foot in the door and then both pushed their way in, forcing her out of the way.
The stipendiary magistrate found that the levy was irregular and ordered the return of the goods removed. In fact the forced entry and seizure of third party property was illegal and could have rendered the distraint trespass ab initio but no award of damages was made.
*Ab initio is a Latin term meaning "from the beginning".
Vaughan v McKenzie [1969] 1 QB 557
On 22 May 1968 bailiffs attended Ms Vaughan’s house, but it was closed, The bailiffs waited, and later Ms Vaughan returned with her child.
Outside the front door, the bailiff told Ms Vaughan they had come to levy execution on her goods witho. No warrant was shown she knew full well they were bailiffs and why they attended. Ms Vaughan would not admit them to the house.
When Ms Vaughan and her child entered the house and attempted to shut the door behind them, one of the bailiffs got his foot in the doorway and pushed against the door, Ms Vaughan pushing from the otherside of the door to keep him out.
Both bailiffs together forced the door open gaining entry to the house then Ms Vaughan found a milk bottle handy, picked it up and struck the bailiff on the head, whereby he sustained a one-inch long cut requiring three stitches.
The court opined
Sir Alexander Cockburn CJ said:
Winn LJ: