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Magistrates Court bailiffs - legal source of power to charge fees


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Hi, I've been searching in vain trying to find the source of magistrates court bailiffs' power to charge fees.

 

I know the fees are agreed with the MoJ, but without more this does not bind the debtor to pay them.

 

R v Hereford Magistrates ex parte MacRae obliquely appears to approve of fees, but the point was never argued.

 

The problem with a purely common law origin is that it is a breach of the Bill of Rights for the executive to raise money without parliament's consent. The Secretary of State for Justice is undoubtedly a minister of the Crown, and needs parliament's consent to levy money. That he then pays it in its entirity to bailiffs via an internal arrangement is irrelevant. It's the executive arm of the court service that is the creditor, and which levies distress.

 

Anyone have any thoughts or further information?

Edited by Zamzara

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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