Powers
The powers of 'authorised officers' derive from the Magistrates' Courts Act. Authorised officers are:
- civilian enforcement officers
- individuals who are approved enforcement agencies
- directors of companies which are approved enforcement agencies
- partners in a partnership which is an approved enforcement agency, and
- employees of an approved enforcement agency who are authorised in writing by the agency to execute warrants.
The powers of authorised officers extend to all of England & Wales.
They may execute any warrant of arrest, commitment, detention or distress issued by a justice of the peace:
- under any provision specified for the purposes of this subsection by an order made by the Lord Chancellor and the Secretary of State, acting jointly; or
- for the enforcement of a court order of any description so specified.
The power to make orders above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where a warrant has been 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,
shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable.
Where a warrant has been executed by an authorised officer who is not a civilian enforcement officer, a written statement indicating:
- the name of the person by whom the warrant was executed;
- if he is a director of, or partner in, an approved enforcement agency, the fact that he is a director of, or partner in, that agency;
- if he is an employee of an approved enforcement agency, the fact that he is an employee authorised in writing by that agency to execute warrants; and
- the fact that his name, (or if a director of or partner in an approved enforcement agency, that of the agency indicated) is contained in the register maintained by the Lord Chancellor,
shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable.
Read more about this topic: Civilian Enforcement Officer
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