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Legal Professional Priviledge - staff guidance requested ref Distress Warrants

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  • Legal Professional Priviledge - staff guidance requested ref Distress Warrants

    Just had a postal response to an FOI Request where I requested confirmation of some information and whether the information had been issued to HMCTS staff as advice/guidance or whether it was contained in a handbook / other document given to staff, and if so could I have a copy AS given to staff.

    They've confirmed the paragraphs I questioned were correct barring a mention of the CPR (criminal procedure rules) 2010 should have been CPR 2014.

    They have also concluded the information is not in the public interest - I'd have thought guidance given to HMCTS staff would be in the public interest ?

    Anyway it is confirmation that this is correct.

    We have been issued with the following advice:- It is not necessary to generate a distress warrant at the time of its issue; the relevant details can be produced (and provided to the debtor) subsequent to its issue (or indeed subsequent to its execution) but such relevant details should be recorded at the time of issue.

    Pursuant to section 125A of the Magistrates’ Courts Act 1980 where a warrant (whether a warrant of arrest, commitment, detention or distress) is executed by a civilian enforcement officer, a written statement indicating the name of the officer, the authority by which he is employed and that he is authorised in the prescribed manner to execute warrants, must, on demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable.

    Section 125B applies to approved enforcement agencies and makes similar provision. Part 52 of the Criminal Procedure Rules 2014, rules 52.7 and 52.8, set out the procedure for the execution of magistrates’ court distress warrants.

    The distress warrant must identify the person to whom it is directed, the person against whom it was issued, the sum for which it was issued and the reason that sum is owed, the court or fines officer who issued it and the court office for the court or fines officer who issued it (rule 52.7(1)).

    A person to whom a warrant is directed must record on it the date and time at which it is received (rule 52.7(2)). Pursuant to rule 52.8(2), the person executing the warrant must explain to the debtor the order or decision that the warrant was issued to enforce, the sum for which the warrant was issued and any extra sum payable in connection with the execution of the warrant. In addition, if he has the warrant with him, he must show it to the debtor or if the debtor asks, arrange for the debtor to see the warrant, if that person does not have it and show the debtor the written statement of that person’s authority required by section 125A or 125B of the 1980 Act.

    In the light of the above, it is not necessary for the CEO or the AEA to have the distress warrant in his possession when levying the distress. The legislation simply requires a written statement to be shown to the debtor on demand.

    In addition, the CrimPR requires arrangements to be made for the debtor to see the warrant if he so requests. The references in the above CrimPR to a “warrant” are not necessarily to a paper document, but can include an electronic version. Also, it is not necessary for a formal “warrant” to be produced; what is of importance is that specific information must be recorded, by some means, at the time the warrant is issued. In particular, the legal basis on which the warrant is issued (for example, a record of the decision authorising the issue of a warrant (made by the court or the fines officer) and when that decision was made). In addition, the information required by CrimPR 52.7(1) should be recorded. You have confirmed that the necessary information will be recorded electronically, just not in the format of a warrant; this will suffice.

    Also, the reference to the CEO or AEA recording on the warrant the date and time at which it is received (rule 52.7(2)) can be satisfied by electronic means. Assuming the request to execute is sent to the CEO or AEA electronically there will be an automatic electronic record of when it was received. As regards the position where the debtor asks to see the warrant, what rule 52.8(2) of the CrimPR envisages is that the debtor will be taken to the relevant office and shown the relevant details on the computer screen.

    Alternatively, a copy of the electronic data held can be printed and provided to the debtor or the details replicated in some other documentary form (whether it be entitled a “warrant” or not). What is of importance, is, as stated above, that the requisite information is already held.

    That information can then be subsequently shown to the debtor/replicated when a request is made by the debtor.
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  • #2
    Re: Legal Professional Priviledge - staff guidance requested ref Distress Warrants

    Very interesting Amethyst thank you.

    nem

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