Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

BTPSC.I24 > Trespass, Rail Offences And Littering > Flashcards

Trespass, Rail Offences And Littering Flashcards

1
Q

Littering:

A

Section 87 Environmental Protection Act 1990

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Section 87 Littering

A 
A person is guilty of an offence if he:
-Throws down
-drops 
-or otherwise deposits 
Any litter
In anyplace, to which this section applies
... AND leaves it
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Where does section 87 littering apply

A

-In the area of a principle littering authority (e.g. local council)
-open to the air
-INCLUDES land or water
NOT a place the public does not have access to

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Exceptions to littering

A
  • Authorised by law

- with permission of owner/person in control

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What type of offence is littering

A

Summary - fine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Trespass on the railway:

A

Section 55 British Transport Commission Act 1949

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Section 55 Trespass

A

It is an offence to “remain upon land or to enter property without lawful authority”
Land subject to the offence is known through SELECTS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

S e l e c t s

A

Sidings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

s E l e c t s

A

Embankments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

s e L e c t s

A

Lines of railway

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

s e l E c t s

A

Electrical apparatus

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

s e l e C t s

A

Cuttings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

s e l e c T s

A

Tunnels

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

s e l e c t S

A

Similar works

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

For prosecution of section 55 trespass to succeed:

A

Trespass warning sign must be displayed at the nearest passenger railway station

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Lower tier action that can can be taken to deal with low level offences such as trespassing

A

PND (Penalty Notice For Disorder)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Whenever you deal with trespass, what must you include in your PNB

A

Condition of any fencing

Location of the trespass warning sign

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Trespass and refuse to quit:

A

Section 16 Railway Regulations Act 1840

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Section 16 Trespass

A

It is an offence for a person to wilfully trespass on a railway or premises connected therewith AND refuse to quit on request an officer or agent of the railway

20
Q

Trespass around lines:

A

Section 23 Regulation of Railways Act 1868

21
Q

Section 23 Trespass

A

It is an offence for any person to be or pass upon the lines of the railway after having once be warned not to do so by an agent or employee of the railway (*includes home office POs )

22
Q

Max penalty for S.16 S.23 Trespass

A

Level 3 : £1000

23
Q

Loitering on the Railway:

A

Bylaw 13

24
Q

Bylaw 13:

A
  • Whilst upon the railway (anywhere on station)
  • Loiter (remain without good cause)
  • After request to leave
  • By an authorised person (including the police
25
Q

Procedure for Bylaw 13:

A

1) observe offence / allegation made by rail staff
2) check out innocent explanation
3) warn for offence and record name and address
4) eject and if they come back, report them or arrest if absolutely necessary under PACE

26
Q

Endangering the safety of passenger (with intent):

A

Section 32 Offences Against the Person Act 1861

27
Q

S.32 Offences against the Person

A 
It is an offence to unlawfully and maliciously (without care or thought)
-put anything on railway lines
-remove any rail or sleepers
-divert and points or machinery
-make or hide any signal or light
OR
-do any other thing
With intent to endanger the safety of any person travelling or being upon the railway
28
Q

Penalty for S.32 Offences against the person

A

Life imprisonment

29
Q

Interfering with the railway with intent:

A

Section 35 Malicious Damage Act 1861

30
Q

Section 35 Mailicious Damage Act

A 
It is an offence to unlawfully and maliciously
-put anything on railway lines
-divert points or machinery
-remove and rail or sleeper
-make or hide any signal or light
OR
-do any other thing
WITH INTENT TO
-obstruct
-overthrow
-injure
OR
-destroy
Any:
-engine
-carriage
-tender
-truck
31
Q

Penalty for Section 35 Malicious Damage

A

Life imprisonment

32
Q

2 acts for endangering safety without intent

A

Section 34 offences against the person 1861
Endangering Safety
Section 36 Malicious Damage Act 1861
Obstruction

33
Q

Endangering Safety (without intent):

A

Section 34 Offences Against the Person Act 1861

34
Q

Section 34 offences against the person

A

It is an offence by any lawful act OR wilful omission OR neglect to endanger or cause to be endangered any person conveyed or being in or upon a railway

35
Q

Obstruction

A

Section 36 Malicious Damage Act 1861

36
Q

Section 36 Malicious Damage Acr

A

It is an offence by any lawful act OR wilful omission OR neglect to obstruct an engine or carriage using the railway

37
Q

Wilful omission

A

Failing to do something you should have

38
Q

Neglect

A

Not doing something as well as you should have

39
Q

Max penalty for endangering safety or obstruction without intent

A

2 yrs imprisonment

40
Q

Stone throwing with intent:

A

Section 33 offences against the person act 1861

41
Q

Section 33 offences against the person act

A

It is an offence to unlawfully and maliciously throw anything OR cause to fall, strike at, against, into or upon any:
-engine
-carriage
-tender
-truck
With intent to injure or endanger the safety of any person thereon

42
Q

Max penalty for sec 33 offences against the person

A

Life imprisonment

43
Q

Stone throwing without intent

A

Section 56 the British Transport Commission Act 1949

44
Q

Section 56 The British Transport Commission Act

A

It is an offence to throw OR cause to fall OR strike at or against, into or upon any:
-engine
-or truck used to tender
-motor
-carriage of the boards railway
OR
-works or apparatus upon the boards railways
Anything likely to cause damage or injury to persons or property
**applies to London underground and national rail only

45
Q

Max penalty for section 56 British Transport Commission Act 1949

A

Level 3 fine £1000

46
Q

Laser Misuse:

A

Section 1 Laser Misuse (Vehicles) Act 2018

47
Q

Section 1 Laser Misuse

A

Offence to shine or direct a laser beam towards any vehicle which is moving or ready to move
OR
Distract or dazzle the controller
** do not have to prove intent to endanger vehicle or dazzle driver
**suspect has to prove they took reasonable precautions to avoid shining or dazzling the laser beam at either the vehicle and/or driver

BTPSC.I24 (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions