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The Higher Court Held: The Appellant has no case to answer.
Briefs of the proceedings
1. The Prosecution made opening submission.
2. The Prosecution called and examined their witnesses including the Ticket Inspector. The Appellant cross examined their witnesses very briefly.
3. The...
Strangely the Magistrates did not consider her a fare dodger as they were satisfied that she has a paid oyster card with enough credit on that day and which was frequently used. On the concessionary card which led to her prosecution the Magistrates found that it was only used four different days...
The case is about the lawfulness for London Underground Prosecutor to prosecute under TfL Railway Byelaws within National Railway facilities rather than prosecution under the National Railway Byelaws. The issue has nothing to do with validity of ticket. The issue also had nothing to do with...
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/4202/railway-byelaws.pdf
In an unprecedented hearing lasting well over two hours, as rightly informed, London Underground Prosecutor successfully persuaded the Magistrate Court to accept that the phrase with the...
The question I posed is very restrictive so as to look at the legal aspect. I am not interested in intention or motive as the case as proceeded beyond the stage of pleading guilty or not guilty. It is now a legal issue to be resolved in the court.
I think every other thing is about conjecture...
Mojo,
These are some of the pictures sent to me of Banking Station as I requested following to your request.
island,
I would not be involved if I think the lady is guilty of the offense after I heard her story and read the materials sent to me through a third party known to me. I have seen...
I think I was being restrictive to get the best help from forumers based on the prosecution case against her. Usage of an Oyster Card is defined below.
The question is not about penalty fare in this case but prosecution under TfL.
I think I find the comments of island helpful.
I am advised that she sought legal advice and was told that it was a Strict Liability Offense which meant that no other considerations is required for TfL to prove...
I know someone who took his solicitor to court for not providing proper advice and won based on opinions he gathered from forumers.
As a forumer I am here to solicit opinion. I thank you for your initial opinion you provided. Others might be generous to provide additional opinions as well.
Not sure of the value of your comments here. There may be others interested to look for help for her elsewhere. Whilst you have not provided the link you are referring to I believe that there can be no two exact the same answer. It will not be surprising if people are seriously concern as to her...
Can you clarify what operative regulation or law can be legally/lawfully used for prosecution when you say any railway officer may bring about a Byelaw prosecution? I have asked this question because lawfulness is an inherent procedural requirement for prosecution.
See ralphchadkirk post...
Yes it has to do with Strict Liability Prosecution which is about to take place very very soon. I was being restrictive to get the requisite answer to the query.
Lets look at the quoted paragraphs to demonstrate the distinction between the Railway Byelaws and Transport for London Railway...
Can London Underground prosecutors prosecute anyone in a Network Rail Station (Barking Station to be precise) using Byelaw 17(1) of the Transport for London Railway Byelaws?
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