swj99
Member
- Joined
- 7 Nov 2011
- Messages
- 765
I don't know what the legal definition of emergency is, in the context of using an emergency door release. It's possibly quite subjective, depending on each person's own differing circumstances, and their perception of the situation.Does waiting for the police to arrest another passenger count as an emergency? I would have thought the emergency release is only sensible to use when there is immediate danger to people in that carriage (e.g. from a fire)
Fair comment.However, I'd be hesitant in criticising anyone who did use it - after all they were being detained against their will, which clearly counts as an "emergency" in my book.
Of course they are. Anyone who has their movement curtailed, or is prevented from leaving when they wish to is being held against their will.Don't be silly- they aren't being held against their will
I don't think so. I think the reason there are so many incidents on the railway is because there are so many degenerates around, and not enough police officers to deal with them. Also, many of the people who are caught are not really punished enough for the so called punishment to be a proper deterrent to others, and so the cycle continues.This is why we get so many incidents on the railway...........
Yes. I think it would be the railway company who would be on dodgy ground legally, because despite a possible request from the police, the railway has no legal authority to detain passengers.If you're not under arrest, then you're free to go surely
I'd say so, on the basis that people could be present in either, because they wanted to be there. And are entitled to leave when they no longer wish to be there. In the case of a train, that normally happens at the end of a passenger's journey, when they wish to leave the train and go to wherever it is they wish to go to.Is that a fair comparison? Shopping centres are generally quite open places compared to a train.
There is a difference between a railway employee preventing people from leaving a train by not releasing the doors, and police officers preventing people from leaving an area in which they believe a crime may have been committed. The police do have powers to restrict movement of members of the public in certain circumstances, as defined in legislation such as the Public Order Acts, but even with the best intentions in the world, railway employees do not. Its not so much a question of whether or not the police can detain people, but whether railway employees can legally do so, and the possible legal consequences if a passenger who didn't wish to remain exited the train by using the emergency door release.As many have already said-it's hardly held against their will for long-may be a min or 2 before the police are ready. What if they choose to hold you at the signal outside the station for 5-6 mins instead? Or what about often when you are held outside a busy station in the rush hour waiting for a platform? That's not false imprisoment either.
And actually the police have the power to do this do no dodgy legal ground at all. The same as they can close off roads, buildings, footpaths etc.
The example of a train at a red signal is a good one.
There's a big difference between leaving a train while it was standing at a red signal somewhere along a railway line, compared to when it is stopped at a station platform. Under normal circumstances, passengers wouldnt ordinarily be entitled to leave the train whilst it was waiting at a red signal and not in a station, and the manager, guard or driver would obviously be entitled to not open the doors. However passengers would be entitled to leave a train which was standing at a station platform during a scheduled stop at which they were due to leave the train, and would be under no obligation to remain on the train. A passenger wishing to leave the train in circumstances when the doors remain closed may have no alternative but to use the emergency door release to facilitate this, and on the basis that railway employees have no powers to detain people, a fare paying passenger using the door release in order to leave a train in such circumstances would I believe have a valid defence if prosecuted for doing this.