The legal consequences of rail crime

If people commit a criminal act on the railways, they put the lives of others and themselves in danger. They and others - employees and passengers - can die as a result of their stupidity.

Their actions also mean large amounts of money have to be spent clearing up after them. And last but not least, if these people are caught, they are likely to have to pay large fines and may well end up going to prison for considerable periods.

Assaults on railway employees
In 2002 there was an increase of 24 per cent in assaults on railway employees.

Our message is clear this will not be tolerated by our company. As well as physical abuse, our employees are being subjected to an increasing level of verbal abuse; again this will not be tolerated.

If any of our employees are assaulted in the course of their work it is our policy to give them full support and assistance in prosecuting their assailants.

Graffiti and Vandalism
Most vandalism is committed by young males below the age of 17 who see the railway as a legitimate target for relieving their boredom and seeking thrills. Whilst offences take place throughout the year, most occur between spring and autumn, and there are very high peaks of activity during school holidays.

Graffiti tags displayed at stations are photographed and will be used as evidence by the British Transport Police to prosecute offenders.

Individuals caught vandalising railway property will normally be charged with one of the first four criminal offences below.

Endangering safety
There are two levels of offence within the Offences Against the Person Act of 1861.

Both relate to 'an act or omission which causes the safety of persons using or working on the railway to be endangered'.

If committed by neglect it is punishable by a maximum of 2 years imprisonment. If committed with intent the maximum penalty is life imprisonment.

Obstructing trains
Again there are two levels of crime for obstructing trains within the Malicious Damage Act, also enacted in 1861. Both relate to acts which cause trains 'to be obstructed or derailed'. If committed with intent the maximum penalty is life imprisonment.

Throwing missiles
Commonly known by the railway community as 'stone throwing'. Again there are two levels of offence for throwing missiles at trains, either intended or likely to cause damage or injury. If committed with intent to cause injury or to endanger safety, the maximum penalty is life imprisonment.

Criminal damage
These are straightforward acts of criminal damage to the infrastructure or trains. The maximum penalty is 10 years imprisonment.

Trespass
To the public, trespass doesn't sound very serious.

In the environment of the railway trespassers expose themselves, rail employees and passengers to serious danger with, all too often, tragic consequences.

The vast majority of people who trespass on the railway are adults - taking a short cut or walking their dogs, for example. They are either oblivious to the extremely dangerous position in which they place themselves, and others, or they choose to ignore it. They set a potentially life-threatening example to young children who may see them taking a short cut.

Trespass very often leads to acts of vandalism. In fact it's difficult to commit acts of vandalism without first trespassing on or near railway lines. Outside the railway environment, trespass is largely a civil rather than a criminal offence. Within the railway environment Parliament has decided, with very good reason, that trespassing on or near railway lines is a criminal offence.

The penalty for an act of criminal trespass on the railways is a maximum fine of £1,000.