Provided that a notice warning people not to trespass has been displayed at the nearest railway station On railway lines, sidings, embankments in dangerous proximity to the lines or electrical apparatus (See “Damaging Trains and Endangering the Safety of Rail Users” elsewhere in this chapter.)īritish Transport Commission Act 1949 s55 In view of the danger caused by entering any part of a railway not open to the public, prosecutors should carefully consider whether another more serious offence has not been made out. This offence attracts only a minor penalty. Note the need for a warning which will usually be by written notice.
Having been warned by the railway company/their employees not to go on the railwayĪpplies where people have crossed railways tracks at an unauthorised point. (does not include the railway platform Thomson v Great North of Scotland Rly Co (1829) 64 JP 178)Įxcept to cross at an authorised crossing tracks or embankment) but only if they are asked to leave by an employee and refuse. It will also apply if somebody trespasses on an area of the railway where the public is not allowed (e.g. Will apply in situations where someone is making a nuisance of themselves on railway premises (e.g. R (Mair) v Criminal Injuries Compensation Board P.I.Q. Refuse to leave when asked to do so by a railway employee/agent etc. (includes platforms, station concourse, connected premises) (a railway may exclude anyone who is not there for the purpose of using the railway) (See Stones - Part VI Transport, Railways and Transport) Railway Trespass Table of Railway Trespass Offences (N.B: MOT = Method of Trial) This guidance identifies considerations for prosecutors when dealing with Transport offences.