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 ed - with new material

Written in partnership with Citizens 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.

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

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CPAG

This content was last updated:2024-10-22

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