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