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BTP release video of near miss at Routs Xing near Ipswich

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bnm

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a "12 month prison sentence" in England consists of a minimum of six months in custody followed by six months release on licence, followed by six months under supervision.

In this particular case the offender was remanded after arrest. So time on remand should be deducted from the time in prison after sentencing. Also deducted, if he's eligible, is a period on Home Detention Curfew (HDC).

HDC is available on sentences of less than four years, after 28 days of the sentence or one quarter, whichever is longer. The maximum period of HDC is 135 days.

If the offender in this case spent 2 months on remand (he was arrested in February and sentenced in April) then he would have served a further month in prison and then been released on HDC until the half way point of the sentence.

If he was released from remand before sentencing then the total time in prison for a 12 month sentence would be 3 months - inclusive of days on remand. Followed by 3 months on Home Detention Curfew.
 
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notverydeep

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Reference to this (Routs) crossing in the recent RAIB Rail Accident Report 'Collision at Frognal Farm User Worked Crossing 23 October 2017' made me refer back to this thread.
https://assets.publishing.service.g...a/file/735874/R122018_180823_Frognal_Farm.pdf
https://www.railforums.co.uk/thread...-level-crossing-at-teynham-kent-23-10.156116/
https://www.railforums.co.uk/thread...-level-crossing-at-teynham-kent-23-10.156116/

If I were the person prosecuted for the February near miss at Routs Crossing reading that report, I think I would be contacting my solicitor with a view to starting an appeal. The report appears to criticise both POGO crossings and the processes that have been used to implement them, in what for the RAIB are unusually strident terms. In particular paragraph 67 (my underlining):

"The van driver was almost certainly not aware of the concept of a private crossing, and had not been given any information on how to use it. Witness evidence indicates that he was not aware of the signage at the crossing as he was focused on finding the green button, which he had been told would operate the gates. He stated that when he pressed the green button, he was surprised that the gates opened so quickly, but he had assumed that as they had opened it was safe to cross. Given his previous experience of public level crossings, this was not an unreasonable assumption for him to make. It was, however, wrong. "
 
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