Bailiffs stole jewellery or diamonds

Bailiffs act with impunity, engaging in crimes like robbery and distraction burglary as they are confident that the police perceive them as incapable of wrongdoing. Consequently, the police often dismiss bailiff crimes as a civil matter, shielding them from accountability.

Operating under the authority of a High Court Enforcement Officer, bailiffs typically target judgments from middle-class and high-net-worth debtors, often linked to debtor companies as directors. Employing tactics like the Threshold Maneuver, they enter premises without issuing a Notice of Enforcement, aiming for maximum surprise.

Working in pairs, one bailiff distracts occupants while the other targets valuables in the master bedroom, then stages a ransacking as a diversion. If alone, the bailiff may call police, accusing occupants of a crime to keep them occupied downstairs while the theft occurs upstairs.

Bailiffs frequently deactivate their body-worn cameras before accessing bedrooms, aware that they are viewed as above the law and immune to criminal prosecution by the police.

Stolen items are often discovered missing after the bailiff's departure, undocumented on the inventory they are required to provide upon seizing goods.

Victims are urged to promptly report such crimes to the police, t despite potential police dismissal of the incident as a civil matter. Evidence of stolen goods may be challenging to provide, especially for family heirlooms and antiques lacking formal documentation.

Procedure

If the police say the crime is a civil matter, engage a solicitor to construct the case and file a complaint against the identified police officer under section 1 of the Magistrates' Courts Act 1980.

The solicitor can compile evidence and pursue legal action against the bailiff by lodging the complaint and petitioning the court for an order directing the Crown Prosecution Service to prosecute the suspect.

The Law:

Section 1 of the Magistrates’ Courts Act 1980 states:

Issue of summons to accused or warrant for his arrest.

(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—

(a)a summons directed to that person requiring him to appear before a magistrates' court to answer the information, or

(b)a warrant to arrest that person and bring him before a magistrates' court.

(2) Repealed

(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—

(a)the offence to which the warrant relates is an indictable offence or is punishable with imprisonment, or

(b)the person’s address is not sufficiently established for a summons to be served on him.

(4A)Where a person who is not a relevant prosecutor authorised to issue requisitions lays an information before a justice of the peace in respect of an offence to which this subsection applies, no warrant shall be issued under this section without the consent of the Director of Public Prosecutions. (4B) Repealed

(4C)Subsection (4A) applies to—

(a)a qualifying offence which is alleged to have been committed outside the United Kingdom, or

(b)an ancillary offence relating to a qualifying offence where it is alleged that the qualifying offence was, or would have been, committed outside the United Kingdom.

(4D)In subsection (4C) “qualifying offence” means any of the following—

(a)piracy or an offence under section 2 of the Piracy Act 1837 (piracy where murder is attempted);

(b)an offence under section 1 of the Geneva Conventions Act 1957 (grave breaches of Geneva conventions);

(c)an offence which (disregarding the provisions of the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons);

(d)an offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking);

(e)an offence under section 1, 2 or 6 of the Aviation Security Act 1982 (hijacking etc);

(f)an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 2A of the Nuclear Material (Offences) Act 1983 (offences relating to nuclear material);

(g)an offence under section 134 of the Criminal Justice Act 1988 (torture);

(h)an offence under section 1 of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes);

(i)an offence under sections 9 to 14 of that Act (hijacking ships etc);

(j)an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 3 of the United Nations Personnel Act 1997 (attacks on UN workers etc).

(4E)In subsection (4C) “ancillary offence”, in relation to an offence, means—

(a)an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement);

(b)attempting or conspiring to commit the offence.

(5) Repealed

(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.

When a bailiff takes goods, he must give an inventory.

Without one, the bailiff has the freedom to sell the goods and retain the proceeds

The Law:

Paragraph 34 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

Inventory

(1)If an enforcement agent takes control of goods he must provide the debtor with an inventory of them as soon as reasonably practicable.

(2)But if there are co-owners of any of the goods, the enforcement agent must instead provide the debtor as so on as reasonably practicable with separate inventories of goods owned by the debtor and each co-owner and an inventory of the goods without a co-owner.

(3)The enforcement agent must as soon as reasonably practicable provide the co-owner of any of the goods with—

(a)the inventory of those goods, and

(b)a copy of the notice under paragraph 28.

(4)Regulations must state—

(a)the form of an inventory, and

(b)what it must contain.

The format of the inventory is outlined in the Schedule of the Certification of Enforcement Agents Regulations 2014 and is referred to as the Inventory.

The Law:

Regulation 30 of the Taking Control of Goods Regulations 2013 states:

Form and contents of notice after entry, and/or taking control of goods on a highway

30.—(1) This regulation applies to the notices required by paragraph 28(1) and paragraph 33(1) of Schedule 12.

(2) Subject to regulations 31 and 32, the notice must be in writing, be signed by the enforcement agent and contain the following information—

(a)the name and address of the debtor;

(b)the enforcement agent’s name, the reference number or numbers and the date of the notice;

(c)that the enforcement agent has done one or more of the following—

(i)entered the premises;

(ii)taken control of goods on a highway

(iii)entered a vehicle on a highway with the intention of taking control of goods;

(d)the address of the premises which the enforcement agent has entered or the location on the highway where the enforcement agent has taken control of goods or entered a vehicle;

(e)where a vehicle on a highway has been entered with the intention of taking control of goods, the manufacturer, model, colour and registration mark of that vehicle; and

(f)whether or not the enforcement agent has taken control of goods of the debtor and, if so, the location where and the time when control has been taken of the goods and—

(i)a list of the goods of which control has been taken with a description to enable the debtor to identify the goods correctly, including, where applicable—

(aa)the manufacturer, model and serial number of the goods;

(bb)in the case of a vehicle, the manufacturer, model, colour and registration mark of the vehicle; and

(cc)the material, colour and usage, and (where appropriate) any other identifying characteristic, of the goods;

(ii)the amount of the sum outstanding as at the date of the notice;

(iii)the date and time by which the sum outstanding must be paid to prevent the controlled goods being sold;

(iv)how and between which hours and on which days payment of the sum outstanding may be made; and

(v)that the controlled goods will be released on payment in full (or may be released on part payment) of the sum outstanding.

(3) Where the enforcement agent is—

(a)re-entering premises under paragraph 16 of Schedule 12 to inspect goods of which control has previously been taken; and

(b)not using force to effect the re-entry,

the requirement to provide notice under paragraph 28(1) of Schedule 12 does not apply.

(4) Paragraph (2)(f)(i) is complied with if—

(a)the enforcement agent provides the debtor with a list of goods of which control has been taken under regulation 15(3)(e) or regulation 33(1)(e) at the same time as the notice; and

(b)the goods of which control has been taken are the same as those referred to in the list mentioned in sub-paragraph (a)

Not issuing a notice for items like jewellery and diamonds suggests that the enforcement agent aims to withhold them from the owner, constituting an offence.

The Law:

Section 1 of the Theft Act 1968 states:

Basic definition of theft.

(1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and "thief" and "steal" shall be construed accordingly.

(2)It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.

(3)The five following sections of this Act shall have effect as regards the interpretation and operation of this section (and, except as otherwise provided by this Act, shall apply only for purposes of this section).

Section 2 of the Theft Act 1968 states:

"Dishonestly"

(1)A person’s appropriation of property belonging to another is not to be regarded as dishonest—

(a)if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or

(b)if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or

(c)(except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.

(2)A person’s appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property.

Section 3 of the Theft Act 1968 states:

"Appropriates"

(1)Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.

(2)Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith, no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the transferor’s title, amount to theft of the property.

Section 5 of the Theft Act 1968 states:

"Belonging to another"

(1)Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest).

(2)Where property is subject to a trust, the persons to whom it belongs shall be regarded as including any person having a right to enforce the trust, and an intention to defeat the trust shall be regarded accordingly as an intention to deprive of the property any person having that right.

(3)Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other.

(4)Where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.

(5)Property of a corporation sole shall be regarded as belonging to the corporation notwithstanding a vacancy in the corporation.

Section 6 of the Theft Act 1968 states:

"With the intention of permanently depriving the other of it"

(1)A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of regardless of the other’s rights; and a borrowing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

(2)Without prejudice to the generality of subsection (1) above, where a person, having possession or control (lawfully or not) of property belonging to another, parts with the property under a condition as to its return which he may not be able to perform, this (if done for purposes of his own and without the other’s authority) amounts to treating the property as his own to dispose of regardless of the other’s rights.