The Criminal Procedure Rules 2011

Execution of a warrant to take goods, etc.

52.8.—(1) A warrant may be executed by—

(a) any person to whom it is directed; or

(b) anyone authorised to do so by section 125(1) (warrants), 125A(2) (civilian enforcement officers) or 125B(3) (execution by approved enforcement agency) of the Magistrates’ Courts Act 1980.

(2) The person who executes a warrant must—

(a) explain, in terms the defendant can understand—

(i) the order or decision that the warrant was issued to enforce,

(ii) the sum for which the warrant was issued, and

(iii) any extra sum payable in connection with the execution of the warrant;

(b) show the defendant the warrant, if that person has it;

(c) if the defendant asks—

(i) arrange for the defendant to see the warrant, if that person does not have it, and

(ii) show the defendant any written statement of that person’s authority required by section 125A or 125B of the 1980 Act; and

(d) clearly mark any goods that are taken under the warrant, unless that person removes those goods at once.

(3) These goods must not be taken under the warrant—

(a) clothes or bedding used by the defendant or by anyone living with the defendant;

(b) tools, books, vehicles or other equipment that the defendant needs to use in the defendant’s employment, business or vocation, unless the defendant is a corporation.

(4) Unless the court otherwise directs, or the defendant otherwise agrees, if the person who executes the warrant takes household goods they must not be removed until the day of sale.

(5) The warrant no longer has effect if—

(a) there is paid to the person executing it the sum for which it was issued and any extra sum payable in connection with its execution;

(b) those sums are offered to, but refused by, that person; or

(c) that person—

(i) is shown a receipt given under rule 52.3 for the sum for which the warrant was issued, and

(ii) is paid any extra sum payable in connection with its execution.

[Note. Under section 125 of the Magistrates’ Courts Act 1980, a warrant issued by a magistrates’ court may be executed by any person to whom it is directed or by any constable acting within that constable’s police area.

Certain warrants issued by a magistrates’ court may be executed anywhere in England and Wales by a civilian enforcement officer, under section 125A of the 1980 Act; or by an approved enforcement agency, under section 125B of the Act. In either case, the person executing the warrant must, if the defendant asks, show a written statement indicating: that person’s name; the authority or agency by which that person is employed, or in which that person is a director or partner; that that person is authorised to execute warrants; and, where section 125B applies, that the agency is registered as one approved by the Lord Chancellor.

See also section 125D of the 1980 Act(4), under which—

(a) a warrant to which section 125A applies may be executed by any person entitled to execute it, even though it is not in that person’s possession at the time; and

(b) certain other warrants, including any warrant to which this Part applies, may be executed by a constable, even though it is not in that constable’s possession at the time.]

(1)

1980 c. 43; section 125 was amended by section 33 of the Police and Criminal Evidence Act 1984 (c. 60), section 65(1) of the Criminal Justice Act 1988 (c. 33), sections 95(1), 97(4) and 106 of, and Part V of Schedule 15 and Table (8) to, the Access to Justice Act 1999 (c. 22) and section 109(1) of, and paragraph 238 of Schedule 8 to, the Courts Act 2003 (c. 39). It is further amended by sections 62(3), 86 and 146 of and paragraphs 45 and 57 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15), with effect from a date to be appointed.

(2)

1980 c. 43; section 125A was inserted by section 92 of the Access to Justice Act 1999 (c. 22) and amended by articles 46 and 52 of S.I. 2006/1737 and article 8 of, and paragraph 5 of the Schedule to, S.I. 2007/2128. It is further amended by section 62 of, and paragraphs 45 and 58 of Schedule 13 to, the Tribunals, Courts and Enforcement Act 2007 (c. 29), with effect from a date to be appointed.

(3)

1980 c. 43; section 125B was inserted by section 93(2) of the Access to Justice Act 1999 (c. 22) and amended by paragraph 239 of Schedule 8 to the Courts Act 2003 (c. 39). It is further amended by section 62 of, and paragraphs 45, 59 and 61 of Schedule 13 to, the Tribunals, Courts and Enforcement Act 2007 (c. 29), with effect from a date to be appointed.

(4)

1980 c. 43; section 125D was inserted by section 96 of the Access to Justice Act 1999 (c. 22). It is further amended by sections 62 and 146 of, and paragraphs 45 and 61 of Schedule 13 to, the Tribunals, Courts and Enforcement Act 2007 (c. 29), with effect from a date to be appointed.