What is a "civil matter"?
A police buzzword for a crime they don't want to investigate.
The offence may still satisfy the requirements outlined in criminal legislation and the guidelines of the Crown Prosecution Service (CPS) for pursuing prosecution.
A definition was established by Her Majesty's Government in the House of Lords on 20th April 2007.
On 20 April 2007, in the House of Lords, Lord Lucas asked Her Majesty’s Government:One means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.
The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.
The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.
In 2015, new legislation was introduced stipulating that if a police officer dismisses a written complaint of an offence or obstructs an investigation, they may be liable for an offence and also for breaching their statutory duty.
Police officers adhere to an institutional policy categorizing bailiff-related matters as civil issues, effectively placing bailiffs above the law on the assumption that they are incapable of wrongdoing.
This grants bailiffs unchecked freedom to engage in unlawful activities with impunity, secure in the knowledge that the police will shield them from accountability.
The police's handling of complaints is designed to wear down complainants, often by repeatedly dismissing them with excuses, a practice known as attrition correspondence. Another tactic employed is transferring complainants from one department or individual to another, known colloquially as "passing them from pillar to post."
The most expeditious route to holding a corrupt bailiff or police officer accountable is to convince a solicitor of the merits of your complaint. The solicitor can then present the information to a justice of the peace at a magistrates' court to consider reporting the suspect for the alleged offence.
As soon as practicable, gather the following:
The Law:
Section 26 of the Criminal Justice and Courts Act 2015 states:
(1)A police constable listed in subsection (3) commits an offence if he or she—
(3)The police constables referred to in subsection (1) are—
(6)The first case is where—
(9)In this section—
(11)Nothing in this section affects what constitutes the offence of misconduct in public office at common law in England and Wales or Northern Ireland.
To construct your case, compile the evidence, which should include a duplicate of the written complaint of the offence and the response from the police officer.
Gather and organise the evidence demonstrating the occurrence of the crime. Subsequently, seek legal counsel to present the information to a justice of the peace presiding over a magistrates' court in accordance with section 1 of the Magistrates' Courts Act 1980.
The Law:
Section 1 of the Magistrates’ Courts Act 1980 states:
(1)On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue—
(3)No warrant shall be issued under this section unless the information is in writing
(4)No warrant shall be issued under this section for the arrest of any person who has attained the age of 18 years unless—
(4C)Subsection (4A) applies to—
(6)Where the offence charged is an indictable offence, a warrant under this section may be issued at any time notwithstanding that a summons has previously been issued.
(7)A justice of the peace may issue a summons or warrant under this section upon an information being laid before him notwithstanding any enactment requiring the information to be laid before two or more justices.