Sheriff Officers

[Carol Anne]

This came up during a coffee break the other day. Apparently in England a Bailiff, armed with a warrant from the court has no right of entry to a private home unless: a) He has been invited in b) Has made peaceful entry through an open door or window. In each case,with this initial enrty having been made, this gives him the right to return at any time to break in if he wants to. In Scotland however the law is different. The Sheriff officer (bailiff), with a warrant from the court, has the right to open any lockfast place with or without the householder's consent. Is this true?

[kempie]

Your first statement is certainly incorrect.

Bailiffs recovering unpaid magistrates' court fines do have the power to force entry, as do those trying to recover money owed to HMRC providing they have a magistrates' warrant.

[BobbyBobBob]

English magistrates courts can issue a warrant of entry. This gives the right to force entry provided the correct procedures are followed.
Even without a warrant if you give a bailiff entry into your property they can take 'Distraint' over any goods or chattels they see. They do not need to remove them at that time but may then come back. This is probably where the confusion comes from, google distraint.
Rules are different for utilities, other creditors or Customs and Revenue.

[Carol Anne]

Those two examples set aside,Kempie For ordinary debts or parking fines can we still say that they have no automatic right of entry whereas in Scotland they can just burst their way in?
The current system in Scotland was meant to replace the barbaric warrant sale system where they could put an ad in the paper and pin a notice of sale on your front door. On the morning of the sale your neighbours and the general public could wander into your home and buy your stuff.
Many a poor soul had to stand the stand of shame on their front path as the sale took place!