Entering a home or workplace

CPAG

Entering a home or workplace

A sheriff officer has the power to enter a home or workplace to carry out their order, but only if the court gives them permission to do it.1s49 DAA(S)A 2002

Sheriff officers can be asked to show the document that says they are allowed to enter.

It might not always be clear from the document that the sheriff officer has the right to enter a home or workplace. It might have a phrase like ‘grants warrant for all lawful execution’ on it. This means they are allowed to enter.

For evictions and debt enforcement, a sheriff officer usually writes in advance to advise they are coming.

They are not usually allowed to attend at night unless they have a warrant that allows them to enter – eg, if someone is in danger or a child has to be removed for their protection.

1 s49 DAA(S)A 2002 »

Forcing entry

If a sheriff officer has permission from the court to enter a home or workplace but is denied entry, they are allowed to use ‘necessary reasonable force’ to gain access.1

This includes:

•forcing open a door;

•breaking a lock;

•breaking a window.

If someone tries to stop the sheriff officer from entering a house or workplace, they could be charged with breach of the peace.

If no one is at home or at the workplace when a sheriff officer visits, they can only force entry if they are:

•carrying out an eviction; or

•making sure certain work has been carried out; or

•getting back property.

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Checking an officer’s identity

You have the right to ask for a sheriff officer’s identity if they attend a home or workplace.1

Every sheriff officer has a red identity booklet which contains:

•their photograph; and

•the crest of the Scottish Courts and Tribunals Service; and

•the signature of the sheriff clerk for the area they work in.

A sheriff officer must show you their identity booklet if asked for it.

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Details

Debt Advice Handbook Scotland - 1st edition

Written in partnership with Citizens Advice Scotland and Money Advice Scotland, CPAG is delighted to announce the first edition of the Debt Advice Handbook Scotland. Based on CPAG’s best-selling Debt Advice Handbook, it details the stages of the debt advice process in Scotland and the key skills needed to give good advice. No money adviser should be without this essential guide. This online edition is funded by the Scottish government.

The Handbook provides the most comprehensive information needed by advisers on the tools and strategies to help clients with their financial difficulties. It details the key stages of money advice, including interviewing clients, establishing liability, prioritising debts, preparing a financial statement, negotiating with creditors and dealing with sheriff officers. Emphasis is placed on taking due care of vulnerable clients and making sure that any payment arrangements agreed are appropriate. There is a focus on sustainable credit arrangements that do not affect a client’s ability to pay essential living expenses and priority debts.

It is the go-to tool for specialist debt advisers as a first step in accessing primary legislation and regulations and is also a reliable guide and training aid for the new debt adviser. Advisers who undertake debt advice alongside other sorts of advice work or other professional disciplines – such as social workers and housing officers – will find this handbook an indispensable resource.

Fully indexed and cross-referenced to law, official guidance and to court and tribunal decisions, tactical guidance and examples are included throughout.

Author(s):

CPAG

Print publication date Jun, 2024

This content was last updated:2024-06-27

Word count173,783

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Entering a home or workplace

Debt Advice Handbook Scotland - 1st edition

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