The laws regarding the role of the Police in the enforcement of a High Court writ are set out below.

Offences under Schedule 12 of the Tribunal, Courts & Enforcement Act (TCA) 2007

Under clause 68 of this schedule, the legislation is clear regarding the actions that constitute an offence during the process of enforcement:

  • A person is guilty of an offence if he intentionally obstructs a person lawfully acting as an enforcement agent.
  • A person is guilty of an offence if he intentionally interferes with controlled goods without lawful excuse.

A person guilty of an offence under this paragraph is liable on summary conviction to-

  • Imprisonment for a term not exceeding 51 weeks, or
  • A fine not exceeding level 4 on the standard scale, or
  • Both

In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in sub-paragraph (3)(a) to 51 weeks is to be read as a reference to 6 months.

Constable’s duty to assist enforcement agents

Section 99, Schedule 7, paragraph 5 of the Courts Act 2003:

5. It is the duty of every constable, at the request of -

a) an enforcement agent or

b) a person acting under the enforcement agent's authority,

to assist the enforcement agent or that person in the execution of a writ.

David Asker

David is an authorised High Court Enforcement Officer and our Director of Corporate Governance

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