Recent content by navdra

No they are not detained, they are remaining on their own free will and giving their details freely. And logically from that it infers they could easily just walk away and refuse to give details and it lots of cases they do exactly that and hence under those scenarios they are arrested. There is...

Stigy, I don't think you have read my posts clearly. Read them again. My posts are specifically about the concept of DETAINED as opposed to ARRESTED. If you still think I am incorrect please tell me the legislation that allows a police officer to detain a member of public, before an arrest...

I mentioned the age of the act as I am in no doubt that when originally drafted "detain" allowed the use of force. That was a Victorian era when, legally a man could rape his wife, a headmaster cane his pupil, a police officer to feel someones collar without having any grounds and a solider...

Not under legislation My explanation between detain and arrest has been clearly explained. A police officer can detain in only a certain set of very limited circumstances, and these are in general to search a person, and under these circumstances a person has to be by law informed that they...

Just adding my 2 cents here... (2) If a passenger having failed either to produce, or if requested to deliver up, a ticket showing that his fare is paid, or to pay his fare, refuses [or fails] on request by an officer or servant of a railway company, to give his name and address, any officer of...

Thanks Dave, looks like it isn't quite clear cut and you could indeed to found "attempting" before entering a carriage.

I am sorry to disappoint you, but in my very short 2 threads that I have started on this forum, I have been accused of committing the offences or now being the OP of the thread that started this topic. I simply want to have definite answers to the questions I have posed for professional reasons.

Fahad, You are of course correct it the general everyday meaning of "attempt". But in law the definition will be quite different. I could get up this morning and attempt to travel without a valid ticket the moment I wake up. Or when I leave the house. Or when I enter the road the station...

Romilly, And it is case law that defines, for future prosecutions, what is considered "more than merely preparatory" when similar offences are prosecuted. As I stated in my first post it was my understanding that case law has defined that to "attempt to travel" must include the act of...

Hi DaveNewcastle, As a result of this thread http://www.railforums.co.uk/showthread.php?t=106744 I have a question for you! What is your understanding of "attempt". I was lead to believe there is case law surrounding the definition of attempt and only when a passenger has entered a...

No it really is a hypothetical question. I want to understand the situation regarding the valid ticket a passenger has purchased and what his OR HER rights are when they have been asked to leave. Whether they are ejected by force or leave of their own free will is irrelevant. Of course this...

Can anyone give me the correct legal position regarding ejecting passengers from a station. For example a passenger has a valid ticket for travel, but whilst waiting for a train causes problems and rail staff want him ejected. The passenger has a valid ticket, so is it a legal case of the...

Hi Jo Jo Allens, My first post here... I am going to be cynical, apologies. You state the following:- 1) You didn't buy a ticket as your tube was late. This implies you normally do buy tickets from the TVM 2) You have statements showing that you usually purchase 8 tickets a month...