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Prosecution under the British Transport Commission Act 1949

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kkong

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A 17-year-old has been convicted under this Act for trespass and possession of an offensive weapon at Laurencekirk station.

The specific sections of the Act under which the accused was charged aren't mentioned in the report, although section 55 seems to the only one which mentions trespass.

Is it common to see prosecutions brought under this act?

https://www.pressandjournal.co.uk/f...-with-metal-bat-during-day-out-in-north-east/

The Press & Journal said:
Birmingham boy caught at railway station with baseball bat claimed he was here for 'day out'

The 17-year-old boy, who cannot be named because of his age, was hanging around Laurencekirk station with another teen when police found the metal bat concealed under his jacket.

by Danny McKay
July 21 2023, 11.45am

A Birmingham teen caught loitering at Laurencekirk railway station armed with a metal baseball bat claimed he was just in Scotland for a "day out".

The 17-year-old boy, who cannot be named because of his age, was hanging around the station with another teen when police approached them and found the bat concealed under his jacket.

In addition to trespassing and carrying the bat, the boy also tried to give officers a false name.

But a sheriff rejected the teen's feeble "day out" excuse and ordered him to complete unpaid work.

'Knows clearly how that looks to the court'

Fiscal depute Georgia Laird told Aberdeen Sheriff Court the teens were spotted on CCTV trespassing on platform two at the station around 11.40am on June 21.

She said: "Constables attended and the accused was asked if he was in possession of anything he shouldn't be.

"He intimated he was in possession of a baseball bat and opened his jacket to reveal a black metal baseball bat.

"He intimated this was given to him for his protection."

Ms Laird said the boy then provided officers with a false name.

The teen, of Birmingham, pled guilty to a charge under the British Transport Commission Act 1949 of trespassing, as well as possession of an offensive weapon and attempting to pervert the course of justice.

Defence agent Caitlin Pirie said her client had no previous convictions and was financially supported by his parents.

'Going to have an impact on your life'

She said: "He got mixed up in a situation which he accepts he shouldn't have.

"They had attended in Scotland simply for a day out.

"He tells me the baseball bat was provided to him on the train

"He accepts full responsibility for possession of it and knows clearly how that looks to the court."

Ms Pirie said her client "panicked" when he gave the false name.

Sheriff Margaret Hodge told the boy: "I take into account what's been said on your behalf.

"I don't accept you were in Scotland for a 'day out'.

"Whatever the reasons, clearly they're going to have an impact on your life."

She ordered him to complete 65 hours of unpaid work.
 
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fandroid

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"He tells me the baseball bat was provided to him on the train"

The mind boggles as to who was handing out weapons on a train.

It wasn't a County Lines incident, was it? A day out in Scotland from Birmingham is deeply suspect
 

Fawkes Cat

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It wasn't a County Lines incident, was it? A day out in Scotland from Birmingham is deeply suspect
While I have no particular knowledge, I think this is highly likely. To my mind, a possible scenario goes:
- suspect lad from Brum is picked up for trafficking ('County Lines'). Searched and baseball bat is found
- on interview, lad declines to say anything other than that he fancied a day out somewhere near Aberdeen and other remarks per press report above
- police/prosecutor consider prosecuting for trafficking. Decide that evidence is lacking
- none the less, it's obvious the lad's a wrong 'un. So there's fishing round for something he can be charged with
- after a little effort, S55 BTCA 1949 is uncovered
- charge follows and is successfully prosecuted

Incidentally, I see that it takes about 7 hours to get from Birmingham New Street to Laurencekirk - which rather supports the Sheriff's decision not to accept that the lad was there for a 'day out'.
 
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