SWT prosecution procedures

[Mike Richards]

There was an incident recently at Woking.

Some railway operating companies seem to have published their prosecution procedures, so that customers can check that a prosecution is being conducted correctly. South West Trains do not seem to make their prosecution procedure public - or at least it isn't obvious to find.

Does anyone know if they have one and have published it?

Thanks in advance.

 

[ukrob]

Prosecution for what?

 

[Mike Richards]

Prosecution for what?

Under Byelaw 9,3.

 

[Mojo]

No person shall open a barrier or any other gate on the railway except where there is a notice indicating that it may be used by him or with permission from an authorised person.

:-?

 

[First class]

Bit of an odd byelaw to enforce...
presumably this is an anti-terrorism inituiative?

Merseyrail publish notices for what people can be prosecuted for, because, unless there are signs/annoucments informing passengers, nobody can be convicted.

Merseyrail's famous one is:

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

(i.e. feet on seats)

Every company has the same prosecution procedure, i.e. the railway byelaws. These say how much can be done to the offender, and in what circumstances. It is, however, up to the TOC to advise passengers (through posters/announcements, but not neseccarily both), what byelaws they intend to enforce. Sort of like Penalty Fares, one can't be charged unless a notice has been displayed where you originated your journey in a penalty fare area.

I do think, that i've seen the following advertised at SWT stations:

13. Unauthorised access and loitering
(1) No person shall enter or remain on any part of the railway where there is a notice:
(i) prohibiting access; or
(ii) indicating that it is reserved or provided for a specified category of person only, except where he belongs to that specified category.
(2) No person shall loiter on the railway if asked to leave by an authorised person.

 

[Mike Richards]

Every company has the same prosecution procedure, i.e. the railway byelaws. These say how much can be done to the offender, and in what circumstances. It is, however, up to the TOC to advise passengers (through posters/announcements, but not neseccarily both), what byelaws they intend to enforce. Sort of like Penalty Fares, one can't be charged unless a notice has been displayed where you originated your journey in a penalty fare area.

Thank you for the follow up.

I am interested in what procedures SWT would follow, assuming they caught someone breaking the byelaw. For example to they have a policy of sending a warning letter first and then proscecute on a second offence? Do they always proscecute irrespective of the circumstances leading to the offence being committed? I was told that some ROC's openly publish their procedures - specifying the above and also how long they take to process a prosecution etc.

 

[First class]

Basically what happens depends on how new the scheme is. If it is only started being advertised, then there is usually a period for passengers to become used to it, with warnings being given. After 2-3months, Byelaw Enforcement/BTP will start the crackdown on whatever byelaw it is.

The offender will be given a caution:

"You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you may later rely on in court. Anything you do say may be given in evidence". That type of caution is used to inform a suspect that anything they say from that point on will be officially recorded (written) and could be used as evidence in court, and is not a formal police caution. This forms part of the Police & Criminal evidence act, (PACE).

Generally, unless they have good reason to have breached the byelaw and provided a valid reason to the enforcement officer, they will be issued an immidiate summons. They will appear in Magistrates Court, charged with an offence under the Railway Byelaws. My own experience is that people charged with Byelaw offences usually are found technically guilty. It is usually arguements over 'there were no warnings' etc which are given up as defences.

Either way, any TOC doesn't have to give you a second, third or how ever many chances. Many don't, in fact most won't.

No TOC that I know openly publishes their procedures, and taking into account that every case is different, I doubt there are any 'offical procedures' other than how the enforcement officer at the time deals with the incident.

For purposes of this thread, "enforcement officer" can be anyone trained to PACE standards acting as an agent for a TOC, so security guard, police, ticket inspector.....