Perhaps the most well-known provision of the
Serious Organised Crime and Police Act is that demonstrations can only take
place if authorised by the police.
But, buried in this Statute, is the provision for
a wonderful money-making scam, which utilises the police (either wittingly or
unwittingly - who knows?)
Unfortunately I discovered this scam before I
discovered all the other information in relation to Statute so-called 'law'. If I had known
then what I know now, the outcome might have been different.
The person involved, the person actually scammed,
was a friend of mine. She was driving her car. I was merely a passenger
(actually, a 'guest' in Common Law - but I did not know that, at the time).
However, this means I can write the events from personal observation. (Read the whole article.)
This is the most controversial piece, and I say this in
admiration of research and experience and not as a disjointed examination of
fact, that the Internet has produced for a while.
The author raises points and I will add
a few of my own. The average police
officer possibly spends four or five weeks studying law, like the jobsworth
civil servant who denies the legless veteran his/her mobility allowance because
they have not understood the intention of Parliament, or in medicine the fanatic
alternative treatment freak who goes running to the Chinese quack rather than to
another doctor for a second diagnosis of a medical problem.
Only recently I had a stand up argument with
a senior solicitor at the MAGISTRATES Court who was insistent that
vulnerability does not exist within the parameters of magisterial remit. As bailiffs and court enforcement officers
are under but not employed by the Courts it is essential that everyone
understands their powers. As these are
guideline it is necessary for everyone to be completely au fait with the language.
National Standards for
Enforcement Agents
May 2002
Terms used
In this document we have used the following terms:Professionalism and conduct of the enforcement agent
·
Enforcement agents should always produce
relevant identification on request, such as a badge or ID card, together with a
written authorisation to act on behalf of the creditor.
·
Enforcement agents must act within the law at all times, including all
defined legislation and observe all health and safety requirements in carrying
out enforcement. They must maintain strict client confidentiality and comply
with Data Protection legislation and, where appropriate the Freedom of
Information Act.
·
Enforcement agents, for the purpose of distress
or execution shall, without the use of unlawful force, gain access to the
goods. The enforcement agent will produce an inventory of the goods seized and
leave it with the debtor, or at the premises, with any other documents that are
required by regulations or statute.
·
Enforcement agents must carry out their duties in a professional, calm
and dignified manner. They must dress appropriately and act with discretion and
fairness.
·
Enforcement agents must not misrepresent their powers, qualifications,
capacities, experience or abilities.
·
Enforcement agents must not discriminate
unfairly on any grounds including those of age, disability, ethnicity, gender,
race, religion or sexual orientation.
·
In circumstances where the enforcement agency
requires it, and always where there have been previous acts of, or threats of
violence by a debtor, a risk assessment should be undertaken prior to the
enforcement agent attending a debtor's premises.
Vulnerable situations
·
Enforcement agents/agencies and
creditors must recognise that they each have a role in ensuring that the
vulnerable and socially excluded are protected and that the recovery process
includes procedures agreed between the agent/agency and creditor about how such
situations should be dealt with. The appropriate use of discretion is essential
in every case and no amount of guidance could cover every situation, therefore
the agent has a duty to contact the creditor and report the circumstances in
situations where there is potential cause for concern. If necessary, the
enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect
the debtor, but also the enforcement agent who should avoid taking action which
could lead to accusations of inappropriate behaviour.
·
Enforcement agents must
withdraw from domestic premises if the only person present is, or appears to
be, under the age of 18; they can ask when the debtor will be home - if
appropriate.
·
Enforcement agents must withdraw
without making enquiries if the only persons present are children who appear to
be under the age of 12.
·
Wherever possible, enforcement
agents should have arrangements in place for rapidly accessing translation
services when these are needed, and provide on request information in large
print or in Braille for debtors with impaired sight.
·
Those who might be potentially
vulnerable include:
·
the elderly;
·
people with a disability;
·
the seriously ill;
·
the recently bereaved;
·
single parent families;
·
pregnant women;
·
unemployed people; and,
those
who have obvious difficulty in understanding, speaking or reading English.
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