Unfortunately it already has become a blame game. I agree the circumstances were exceptional , but most incidents in which passengers get off a train onto the tracks are exceptional.
On one side of the blame argument are those calling passengers idiots, and on the other side, those saying the TOC could have managed the incident better. Sadly, blame alone will not cure the problem.
I believe the reality is that passengers will continue to get off broken down trains all the time TOCs fail to proactively manage the situation, and this includes reliable, consistent communication with passengers and prompt resolution of the problem. Poor and sometimes non existent communication and long delays are what seem to prompt people to take matters into their own hands.
Here's a link to the BBC news page when FCC were prosecuted and fined under the Health and Safety at Work Act.
http://www.bbc.co.uk/news/uk-england-london-24107132
I'm not sure about the unlawful detention angle. I'll ask around about that next week.
This one's not railway related, but .... Unlawful Detention - Lewis v HSBC -
http://www.bbc.co.uk/news/business-14046113
Leaving a failed / stranded train is not trespassing.
From the CPS website, guidance for crown prosecutors.
http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_transport_offences/#trespass
The section 16 offence has a requirement that the alleged offender refuses to leave, however in the case of someone exiting a train and leaving the railway by the most direct route, the offence would not be complete as there would no element of refusal to leave.
A person who was legitimate passenger on the train at the point when they realized that it was not going anywhere, would not be a trespasser by simply leaving by the shortest route they could find to the nearest station, or off railway property.
I don't. Not when the train is stopped within sight of a station. Patience may or may not be a factor, and it's a matter for each individual on the train. I fully understand why people eventually take matters into their own hands in situations like this, and in some cases, I'm surprised people wait as long as they do before getting off.
What you're saying makes a lot of sense, however fool probably isn't the word I would have used. I think that person is a natural leader, who took the initiative. I would guess that for every person who makes a bold decision like that, there will be many, many more who wished they'd been a little more brave so they could have taken the decision first. I also think that as a country, we need more people like that to highlight inept bureaucracy and bring about some practical, joined up thinking, and an environment in which TOCs will choose to work proactively and prevent situations from deteriorating to the point where anyone would consider it necessary to detrain of their own initiative.
Yep, sounds about right.