§ Mr. SheermanTo ask the Attorney-General how many kinds of orders or warrants give courts, the police, bailiffs or solicitors access to private dwellings without permission of the resident.
§ The Attorney-GeneralThere are no orders or warrants which grant the courts access to private dwellings without the permission of the resident other than through a bailiff. There are four situations in which bailiffs have such powers. First, a bailiff may force re-entry to premises from which he has been forcibly ejected when levying distress. Secondly a bailiff may force an entry to premises to which goods have been removed in order to avoid distress. Thirdly, a bailiff may force entry to premises in order to give possession to the plaintiff. Fourthly, a bailiff may force entry in order to execute a warrant of restitution.
A solicitor may gain access to a private dwelling without permission only when attending a defendant's premises with a plaintiff in order to execute an Anton Piller order.
Initial examination has identified some 21 categories of offence in relation to which the police have specific statutory powers of entry to private dwellings without permission of the resident. These are listed alphabetically in the table.
Categories of offence in relation to which the police have powers of entry to private dwellings without consent
By warrant or court order
- Animals
- Children
- Copyright
- Criminal Damage
- Drugs
- Entertainments
- Explosives
- Forgery and Fraud
- Gaming
- Immigration
- Incitement to Racial Hatred
- Liquor Licensing
- Mental Health
- National Security and Terrorism
- Obscenity and Indecency
- Offensive Weapons
- Poaching
- Scrap Metal
- Sexual Offences
- Stolen Goods
Without warrant or court order
- Road Traffic
§ Mr. SheermanTo ask the Attorney-General what steps he is taking to ensure that there is no misuse of Anton Piller orders.
§ The Attorney-GeneralSince the Court of Appeal laid down the preconditions for the granting of such orders in2W Piller KG v. Manufacturing Processes (1976), case law has prescribed numerous safeguards in the granting and execution of Anton Piller orders.
An additional safeguard recommended by the civil justice review is that the power to grant Anton Piller orders should, subject to certain exceptions, be reserved to High Court judges. My noble and learned Friend the Lord Chancellor is presently considering the terms in which tills should be included in regulations, a draft of which is presently being consulted upon.
§ Mr. SheermanTo ask the Attorney-General how many Anton Piller orders have been issued in each year since they came into existence.
§ The Attorney-GeneralThe Government do not maintain statistics on the number of Anton Piller orders issued by the courts.