Byelaw 6.8 query

[TrainfanBen]

I've been thinking about this byelaw;

No person shall molest or wilfully interfere with the comfort or convenience of any person on the railway.

I'm presuming a successful prosecution must have been secured using it since the Transport Act came into force and wondered where I would find caselaw/examples of it being used?

Google seems to have turned up nothing.
I just wondered which incidents the byelaw has captured and whether its use could be widened.

Thanks,
Ben

 

[Llanigraham]

Is that what Merseyside use for their feet on seats prosecution?

 

[Puffing Devil]

These cases are all heard in the Magistrates court, which is not a court of record. Which means unless you can find a specific case reported in the press, you are unlikely to turn up any references. The only chance of a case attracting attention would be if it went to the Crown Court or High Court on appeal - very unlikely in these cases.

There may be some snippets in Stone's Justices' Manual - though you would generally only find that in a court, solicitor's office or a university law library.

 

[TrainfanBen]

Is that what Merseyside use for their feet on seats prosecution?

It would be the applicable byelaw in question, yes.

These cases are all heard in the Magistrates court, which is not a court of record. Which means unless you can find a specific case reported in the press, you are unlikely to turn up any references. The only chance of a case attracting attention would be if it went to the Crown Court or High Court on appeal - very unlikely in these cases.

There may be some snippets in Stone's Justices' Manual - though you would generally only find that in a court, solicitor's office or a university law library.

I was thinking along the same lines thanks.

 

[Master29]

Besides the obvious (sexual assault, aggressive behaviour towards others, bad language, racism etc) could potentially be many others things. What interferes with an individuals comfort. We each have our own rail travel demons. Drinking on trains, swearing, loudness and constant stupid phone calls (most are ok to be fair)are just some of mine. Do they constitute a breech of ones comfort and convenience. Possibly, but as has already been said unlikely anything would ever be brought to court.

 

[Fare-Cop]

Byelaw 6(1) is the only one of the 8 clauses that is fairly regularly summonsed in my experience.