Prosecution procedure

[TrainLover79]

Out of curiosity:

If a train inspector wants to prosecute because they suspect of an offence such as shortfairing, tailgating etc , do they need to tell the “involved party” that they will receive something through the post or can they simply ask for their address ?

 

[methecooldude]

Out of curiosity:

If a train inspector wants to prosecute because they suspect of an offence such as shortfairing, tailgating etc , do they need to tell the “involved party” that they will receive something through the post or can they simply ask for their address ?

23. Name and address​

1. any person reasonably suspected by an authorised person of breaching or attempting to breach any of these byelaws shall give his name and address when asked by an authorised person.
2. the authorised person asking for details under Byelaw 23(1) shall state the nature of the breach of any of these byelaws in general terms at the time of the request.

Railway byelaws

www.gov.uk

So they can simply ask for their address, but have to give a reason in general terms for the ask

 

[AlterEgo]

Out of curiosity:

If a train inspector wants to prosecute because they suspect of an offence such as shortfairing, tailgating etc , do they need to tell the “involved party” that they will receive something through the post or can they simply ask for their address ?

They are not required to say that anything will happen as a result at all, only that while taking their details they give a general explanation. This would be around the offence that they suspect has been committed.

 

[TrainLover79]

Thank you ☺️

 

[island]

Out of curiosity:

If a train inspector wants to prosecute because they suspect of an offence such as shortfairing, tailgating etc , do they need to tell the “involved party” that they will receive something through the post or can they simply ask for their address ?

They do not have to say they will receive something through the post.

They do have to say in general terms what the reason for the request is, for example "I believe you have travelled without a valid ticket and therefore I require you to provide your name and address".

 

[Fermiboson]

We have, however, heard cases of addresses being taken for “ticketing surveys” or something innocuous of that nature, I believe.