Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
This doesn't exactly come under the remit of this forum so I'll understand if a Mod wishes to lock the topic. I wish to gauge public opinion on a moral dilemma I've stumbled upon. Yes! even bailiffs have a conscience sometimes!!
I have an HMCS warrant against a person.
The offence mentioned on the warrant is "failing to comply with the sex offenders register".......
According to the issuing court, the defendant is known to carry a knife. My initial thoughts are that the defendant is a dirty rapist scumbag or paedo so I've naturally got more interest in ensuring I get this warrant paid with maximum fees permitted under the HMCS contract.
The defendant has moved from the bail address but I've traced them to another through credit reference agencies.
The defendant has ignored 3 letters posted at the new address.
I've discovered a vehicle belonging to the defendant but I've not seen it at the property since my first letter was posted (flats with seperate garages).
I've now discovered the defendant's place of employment and confirmed the car is parked in front of the building during the day.
So, with that said, should I.....
1. Return the warrant to the Court as unpaid but with a forwarding address (giving the sex offender time to "move on" again).
2. Visit their place of work and very publicly clamp their car outside their very public place of employment forcing them to pay the fine and bailiff's fees.
(The second option could jeopardise the defendant's job if the nature of the fine became public knowledge in the execution of the warrant)
1. Return the warrant to the Court as unpaid but with a forwarding address (giving the sex offender time to "move on" again).
2. Visit their place of work and very publicly clamp their car outside their very public place of employment forcing them to pay the fine and bailiff's fees.
(The second option could jeopardise the defendant's job if the nature of the fine became public knowledge in the execution of the warrant)
3. Something else - suggestions please.
sorry but in my view a sex offender deserves nothing less. infact alot more
honey x
Shouldn't you be reporting him to the police for skipping from his bail address? Surely, THAT's the most important moral thing to do, well ahead of fines?
Apologies to people who I was in the process of helping, I may be gone some time.
Sorry, I forgot to mention the Court in question has already been informed of the new address and advised to continue with enforcement. Returning the warrant would be a cop out on my behalf as it would be reissued within a month at the new address.
Sorry, I forgot to mention the Court in question has already been informed of the new address and advised to continue with enforcement. Returning the warrant would be a cop out on my behalf as it would be reissued within a month at the new address.
If it's a breach of bail conditions why is he not being picked up for that.
I am not sure why you are collecting money for a sex offence crime? Is it a court fine? Wouldn't non payment mean imprisonment under criminal charges?
NatWest Claimed £1,639. Accepted £1,344.
Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.
Barclays 1 Claimed £1,260. Won by default. Paid in full
Barclays 2 Claimed £2,378. Won by default. Paid in full
Birmingham Midshires. Claimed £2,122. Accepted £2,075.
If it's a breach of bail conditions why is he not being picked up for that.
I am not sure why you are collecting money for a sex offence crime? Is it a court fine? Wouldn't non payment mean imprisonment under criminal charges?
It's not a breach of bail conditions as such. I don't have all the details but my take on it is that he's failed to sign the sex offenders register on the designated day and been fined for his trouble. I'm not collecting money as a result of the sex crime itself. For all I know, he may well have updated the register with his new address but as the register is covered by the data protection act, the court wouldn't be informed of the change unless they specifically applied for the details. It would seem I've saved them the trouble with my own investigations.
So, the moral dilemma is, should I clamp his car in front of his employers and risk losing the scumbag his job?
bail addresses are a farce, my husband was on bail for 6 months and where was his bail address?????????? yeah 3 doors away
he was in constant breach of conditions to stay away but did he?????????????? NOPE
and all of this because??? they never sought to find out exactly where the address was
clamp his car, clamp his n*ts whilst youre at it, then go to the police
So, the moral dilemma is, should I clamp his car in front of his employers and risk losing the scumbag his job? :grin:
Why would you treat him any different from any other person you had a warrant for, surely you must be non judgemental, if you would normally clamp a car in front of employers then do so in this case.
So, the moral dilemma is, should I clamp his car in front of his employers and risk losing the scumbag his job?
Oh please, spare me the tears.
If you had any REAL dilemmas with morality, you would not do the "job" in the first place.
.
I Wish you everything you wish yourself.
.
NatWest Claimed £1,639. Accepted £1,344.
Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.
Barclays 1 Claimed £1,260. Won by default. Paid in full
Barclays 2 Claimed £2,378. Won by default. Paid in full
Birmingham Midshires. Claimed £2,122. Accepted £2,075.
If you had any REAL dilemmas with morality, you would not do the "job" in the first place.
Sorry, Tony, but I don't agree with you on that, or your earlier post, which I think was uncalled for and rather offensive. There is nothing wrong with the job; payment of outstanding debt / fines has to be enforced somehow. It's how the job is carried out that determines a person's character and it's unfair to assume that every bailiff is bad. I have had one or two bad experiences with them in the past, but I have also met one who was very pleasant and helpful and was interested in finding the best way to resolve the situation for everyone.
Well said, Robin. I was thinking exactly the same thing, but couldn't find a decent story to back up my argument. People tend to think the worst when they see sex offender, but we have no idea what this guy has done, so removing his bits, clamping his nuts and shoving a knife where the sun don't shine may be a bit extreme. Especially if all he was trying to do was sh*g his bike!
If clamping his car is what would normally be done to enforce the fine, then that's what should be done, but it is not John's job to tell the persons emplyers why he is doing it.
Why would you treat him any different from any other person you had a warrant for, surely you must be non judgemental, if you would normally clamp a car in front of employers then do so in this case.
I've never clamped nor approached a defendant face to face at their place of work before. However, I am human and can't help think this person deserves "special attention".
Originally Posted by robin9342
Be very careful how you define "sex offender". Whilst the Register is undoubtably filled with rapists and paedos (who, in my opinion, should never be released anyway), there are exceptions:
Why is a Trick Cyclist on the Sex Offenders’ Register? | The Wardman Wire
Agreed and probably the reason why it's a moral dilemma in the first place. While I wouldn't normally think of enforcing at a person's place of work, my preconceived impression of this defendant is that they deserve what's coming to them. While I admit I've already judged this person in my own mind based on the offence cited, the Court employee cemented that thought rightly or wrongly by mentioning the defandant is known to carry a knife.
Originally Posted by Filthy Monkey
but it is not John's job to tell the persons emplyers why he is doing it.
If I enforce the warrant, I'd be professional while greeting the defendant and providing verbal precedure but that little devil sat on my shoulder would be yelling SPEAK LOUDER BOY, SPEAK LOUDER!!
If I'm right and he's a dirty filthy rapist scumbag then surely he needs his nuts clenching in a firm manner as honey5 suggests?
If I'm right about him being a dirty filthy scumbag (after further enquiries) and I clamp his car, how long do I give him to pay before I call a tow truck? I would normally give 30 minutes to arrange payment after clamping so is 15 minutes about right for this pillar of society?
I think that you have to treat this person no different than you would any other client (for want of a better word). It is unfair, judgemental and unprofessional to do any different without the full facts, and even ifyou had the full facts it is not your role to enforce anything other than what you are employed to do.
If you feel uncomfortable dealing with this person for moral reasons then hand it back to your employer.
Sorry, Tony, but I don't agree with you on that, or your earlier post, which I think was uncalled for and rather offensive. There is nothing wrong with the job; payment of outstanding debt / fines has to be enforced somehow. It's how the job is carried out that determines a person's character and it's unfair to assume that every bailiff is bad. I have had one or two bad experiences with them in the past, but I have also met one who was very pleasant and helpful and was interested in finding the best way to resolve the situation for everyone.
Yes fines/debts have to be paid, but who should collect ?
Answer me this.,
If capital punishment was re introduced, would you be happy pulling the leaver ?
Yes, no scruples.
No, then whats the difference between that and consciously choosing to be the exocutioner on a smaller scale.
None in my opinion, just different levels of judgement.
Thanks for your comments gizmo111 although it seems to have raised another dilemma. It's now quite clear my original dilemma is now muddied with an ethical dilemma. If proved to be a scumbag, do I act in an ethical way and return the warrant because executing may jeopardise his employment or do I do the right thing morally and make him pay for his crimes?
I've never clamped nor approached a defendant face to face at their place of work before. However, I am human and can't help think this person deserves "special attention". If its not your normal practice, then why now? You don't know the exact nature of this persons offence and you really shouldn't jump to conclusions (see my previous post)
Agreed and probably the reason why it's a moral dilemma in the first place. While I wouldn't normally think of enforcing at a person's place of work, my preconceived impression of this defendant is that they deserve what's coming to them. While I admit I've already judged this person in my own mind based on the offence cited, the Court employee cemented that thought rightly or wrongly by mentioning the defandant is known to carry a knife. If you knew for certain that this person is a rapist or paedo, then yes he does deserve what's coming. However, you DON'T know, you just have a preconceived impression. My preconceived impression of bailiffs can't be repeated here, but you might be a nice person!
If I enforce the warrant, I'd be professional while greeting the defendant and providing verbal precedure but that little devil sat on my shoulder would be yelling SPEAK LOUDER BOY, SPEAK LOUDER!!
If I'm right and he's a dirty filthy rapist scumbag then surely he needs his nuts clenching in a firm manner as honey5 suggests?
If I'm right about him being a dirty filthy scumbag (after further enquiries) I imagine you need to be very careful here and I clamp his car, how long do I give him to pay before I call a tow truck? I would normally give 30 minutes to arrange payment after clamping so is 15 minutes about right for this pillar of society? And IF YOU'RE WRONG??? You risk losing someone his livelihood and quite possibly ruining his life!
I know this is an emotive subject. I detest rapists and paedos. They make me feel sick and I think shooting is too good for them. However I am mindful about what can happen to someone who is falsely accused. Unless you are ABSOLUTELY certain of the facts, you should treat this person the same as you would any other.
Moral Dilemma
have a conscience sometimes!!
Reply With Quote
Originally Posted by John McKenna
