Arrested for driving golf balls at rail tracks, I'm under 18

[Neirin]

Hi firstclassx, I was wondering if you received your copy of Section 56 BTCA 1949. I was recently arrested for driving golf balls at London bridge station tracks and i was wondering whether or not it was a legitimate arrest as i am under 18. As you say its very hard to find information on this charge.

 

Cheers, neirin

Edited August 16, 2013 by ims21

[honeybee13]

Hello and welcome to CAG.

 

I've started a new thread for you, as you posted on an old one.

 

I hope the forum guys will be along later with advice for you. Please continue to post your concerns on this thread.

 

It would help the guys to advise you if you tell us a bit more please. Don't reveal any personal details though. What happened on the day?

 

My best, HB

[renegadeimp]

Do you mean you were hitting golf balls on to the tracks? if so, then yes, it was a legitimate arrest as you could endanger the lives of others.

[Madamfluff]

how much under 18? the age of Criminal responsibility in the UK is 10, I take it you are older than 10?

[BazzaS]

http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_transport_offences/

 

 

Section 56 British Transport Commission Act 1949 - a summary only offence which penalises the throwing of missiles at rolling stock or static railway equipment. The section only requires that the missile is likely to cause injury to either property or persons;

[Neirin]

this is only a summary

[honeybee13]

this is only a summary

 

Hello again.

 

I think a summary offence is different from a summary. If you tell us more, the guys will be able to advise you.

 

HB

[BazzaS]

Hello again.

 

I think a summary offence is different from a summary. If you tell us more, the guys will be able to advise you.

 

HB

 

Indeed, summary only offense ; magistrates court rather than crown court jury trial, or (for a minor) youth court, WITHOUT risk it will be referred to Crown Court

[honeybee13]

Thank you Bazza.

 

HB

[Hammy1962]

Wow, and I thought the folks in the RLP section were daft!

 

H

[BazzaS]

http://www.scribd.com/mobile/doc/105628820#fullscreen for the text of S.56

[Stigy]

It certainly was legitimate. I'm surprised you weren't given a Penalty Notice for Disorder of £60 though. Having said that, depending on when the incident occurred, you may not be eligible for one as they recently changed the age to 18-years or above.

[firstclassx]

It certainly was legitimate. I'm surprised you weren't given a Penalty Notice for Disorder of £60 though. Having said that, depending on when the incident occurred, you may not be eligible for one as they recently changed the age to 18-years or above.

 

I would hope he wasn't given a £60 PND!

 

Could have killed or injured someone if the golf balls had went through a window, especially in central London in the summer holidays!

 

Deliberately driving golf balls is a bit different to throwing a bit of ballast by hand!

 

Level 1 fine or a community order I suspect.

[Old-CodJA]

I would hope he wasn't given a £60 PND!

 

Could have killed or injured someone if the golf balls had went through a window, especially in central London in the summer holidays!

 

Deliberately driving golf balls is a bit different to throwing a bit of ballast by hand!

 

Level 1 fine or a community order I suspect.

 

 

Spot-on in my opinion, such a dangerous practice is deserving of the appropriate response.

[Stigy]

I would hope he wasn't given a £60 PND!

 

Could have killed or injured someone if the golf balls had went through a window, especially in central London in the summer holidays!

 

Deliberately driving golf balls is a bit different to throwing a bit of ballast by hand!

 

Level 1 fine or a community order I suspect.

 

You're right, although to avoid the often excessive paperwork involved in creating a file, BTP will often interpret such an offence to fall under the earlier mention section of the British Transport Commissions Act of 1949. It's often the same, though arguably not as serious, as offences under Section 4 of the Public Order Act. Such offences need to demonstrate a threat of violence on an individual and are not punishable by way of PND, yet it has been known to 'downgrade' to an offence under s.5 POA where no treat of violence need be evident, and is PND'able.

 

You say 'throwing a bit of ballast by hand', but the offence is non-specific to (and I quote from the PND terminology here, lol) 'stuff' (formally missiles) which can equate to a massive great paving slab if you so desire. What I'm getting at is that the circumstances dictate the method of punishment, as well as other factors. For example, I'd definitely contact BTP if kids were throwing paving slabs, yet would more than likely PND/report them if they were throwing a bit of ballast. Much the same as I'd report a person under s.55 BTCA if they were trespassing line-side and they were dancing all over the track and narrowly missed a train, but probably issue a PND if they ran across a level crossing when the lights were flashing red. Again, the circumstances dictate.

 

Of course, endangering safety on the railway, which I believe is where you are going with this offence in particular, carries the maximum term of life imprisonment.

Edited August 19, 2013 by Stigy