Notice of application for a warrant
There is no general requirement under the 1954 Act for the supplier or court to inform you that an entry warrant is being applied for, or has been issued. You have no right to be notified or to be present at the hearing. However, your supplier may state in its code of practice that it will inform you and it is a general principle in English law that you should not have your rights affected without notice of some kind being served upon you.1Craig v Kanssen [1943] 1 KB 256 Under the Humans Rights Act 1998, it may be possible to argue that a person affected by the warrant should be notified of the hearing and given an opportunity to make representations to the magistrates’ court. This point has yet to be tested, but Article 6 of the European Convention on Human Rights ensures the right to a fair trial and representation in legal proceedings which affect the rights of a person, including civil obligations. The State is under a duty to ensure the effective protection of rights.2ECHR Article 6; Rommelfanger v Germany (1989) 62 DR 151 and Diennert v France (1996) 21 EHRR 554 Typically, a supplier serves a notice informing you that you may attend.
Some letters may state that the police may be in attendance. This is wrong and misleading. The police should not be involved because the warrant is a civil matter, not a criminal one. The police have no powers to enforce the warrant, as it is a private dispute between you and the supplier. Only if there is a threat of violence at the property (such as a breach of the peace) should there be any involvement by the police, and then only to restrain a breach of the peace such as a fight. A complaint should be made where a letter contains such a suggestion.