Trespass, Rail Offences And Littering

Question 1

Littering:

Answer 1

Section 87 Environmental Protection Act 1990

Question 2

Section 87 Littering

Answer 2

A person is guilty of an offence if he:
-Throws down
-drops 
-or otherwise deposits 
Any litter
In anyplace, to which this section applies
... AND leaves it

Question 3

Where does section 87 littering apply

Answer 3

-In the area of a principle littering authority (e.g. local council)
-open to the air
-INCLUDES land or water
NOT a place the public does not have access to

Question 4

Exceptions to littering

Answer 4

• Authorised by law

- with permission of owner/person in control

Question 5

What type of offence is littering

Answer 5

Summary - fine

Question 6

Trespass on the railway:

Answer 6

Section 55 British Transport Commission Act 1949

Question 7

Section 55 Trespass

Answer 7

It is an offence to “remain upon land or to enter property without lawful authority”
Land subject to the offence is known through SELECTS

Question 8

S e l e c t s

Answer 8

Sidings

Question 9

s E l e c t s

Answer 9

Embankments

Question 10

s e L e c t s

Answer 10

Lines of railway

Question 11

s e l E c t s

Answer 11

Electrical apparatus

Question 12

s e l e C t s

Answer 12

Cuttings

Question 13

s e l e c T s

Answer 13

Tunnels

Question 14

s e l e c t S

Answer 14

Similar works

Question 15

For prosecution of section 55 trespass to succeed:

Answer 15

Trespass warning sign must be displayed at the nearest passenger railway station

Question 16

Lower tier action that can can be taken to deal with low level offences such as trespassing

Answer 16

PND (Penalty Notice For Disorder)

Question 17

Whenever you deal with trespass, what must you include in your PNB

Answer 17

Condition of any fencing

Location of the trespass warning sign

Question 18

Trespass and refuse to quit:

Answer 18

Section 16 Railway Regulations Act 1840

Question 19

Section 16 Trespass

Answer 19

It is an offence for a person to wilfully trespass on a railway or premises connected therewith AND refuse to quit on request an officer or agent of the railway

Question 20

Trespass around lines:

Answer 20

Section 23 Regulation of Railways Act 1868

Question 21

Section 23 Trespass

Answer 21

It is an offence for any person to be or pass upon the lines of the railway after having once be warned not to do so by an agent or employee of the railway (*includes home office POs )

Question 22

Max penalty for S.16 S.23 Trespass

Answer 22

Level 3 : £1000

Question 23

Loitering on the Railway:

Answer 23

Bylaw 13

Question 24

Bylaw 13:

Answer 24

• Whilst upon the railway (anywhere on station)
• Loiter (remain without good cause)
• After request to leave
• By an authorised person (including the police

Question 25

Procedure for Bylaw 13:

Answer 25

1) observe offence / allegation made by rail staff 2) check out innocent explanation 3) warn for offence and record name and address 4) eject and if they come back, report them or arrest if absolutely necessary under PACE

Question 26

Endangering the safety of passenger (with intent):

Answer 26

Section 32 Offences Against the Person Act 1861

Question 27

S.32 Offences against the Person

Answer 27

``` It is an offence to unlawfully and maliciously (without care or thought) -put anything on railway lines -remove any rail or sleepers -divert and points or machinery -make or hide any signal or light OR -do any other thing With intent to endanger the safety of any person travelling or being upon the railway ```

Question 28

Penalty for S.32 Offences against the person

Answer 28

Life imprisonment

Question 29

Interfering with the railway with intent:

Answer 29

Section 35 Malicious Damage Act 1861

Question 30

Section 35 Mailicious Damage Act

Answer 30

``` It is an offence to unlawfully and maliciously -put anything on railway lines -divert points or machinery -remove and rail or sleeper -make or hide any signal or light OR -do any other thing WITH INTENT TO -obstruct -overthrow -injure OR -destroy Any: -engine -carriage -tender -truck ```

Question 31

Penalty for Section 35 Malicious Damage

Answer 31

Life imprisonment

Question 32

2 acts for endangering safety without intent

Answer 32

Section 34 offences against the person 1861 Endangering Safety Section 36 Malicious Damage Act 1861 Obstruction

Question 33

Endangering Safety (without intent):

Answer 33

Section 34 Offences Against the Person Act 1861

Question 34

Section 34 offences against the person

Answer 34

It is an offence by any lawful act OR wilful omission OR neglect to endanger or cause to be endangered any person conveyed or being in or upon a railway

Question 35

Obstruction

Answer 35

Section 36 Malicious Damage Act 1861

Question 36

Section 36 Malicious Damage Acr

Answer 36

It is an offence by any lawful act OR wilful omission OR neglect to obstruct an engine or carriage using the railway

Question 37

Wilful omission

Answer 37

Failing to do something you should have

Question 38

Neglect

Answer 38

Not doing something as well as you should have

Question 39

Max penalty for endangering safety or obstruction without intent

Answer 39

2 yrs imprisonment

Question 40

Stone throwing with intent:

Answer 40

Section 33 offences against the person act 1861

Question 41

Section 33 offences against the person act

Answer 41

It is an offence to unlawfully and maliciously throw anything OR cause to fall, strike at, against, into or upon any: -engine -carriage -tender -truck With intent to injure or endanger the safety of any person thereon

Question 42

Max penalty for sec 33 offences against the person

Answer 42

Life imprisonment

Question 43

Stone throwing without intent

Answer 43

Section 56 the British Transport Commission Act 1949

Question 44

Section 56 The British Transport Commission Act

Answer 44

It is an offence to throw OR cause to fall OR strike at or against, into or upon any: -engine -or truck used to tender -motor -carriage of the boards railway OR -works or apparatus upon the boards railways Anything likely to cause damage or injury to persons or property **applies to London underground and national rail only

Question 45

Max penalty for section 56 British Transport Commission Act 1949

Answer 45

Level 3 fine £1000

Question 46

Laser Misuse:

Answer 46

Section 1 Laser Misuse (Vehicles) Act 2018

Question 47

Section 1 Laser Misuse

Answer 47

Offence to shine or direct a laser beam towards any vehicle which is moving or ready to move OR Distract or dazzle the controller ** do not have to prove intent to endanger vehicle or dazzle driver **suspect has to prove they took reasonable precautions to avoid shining or dazzling the laser beam at either the vehicle and/or driver