Railway Crime and the law

The British Transport Police The British Transport Police (BTP) is the national police force for the railways providing a policing service to rail operators, their staff and passengers throughout England, Wales and Scotland. The Force is also responsible for policing the London Underground system, Docklands Light Railway, the Glasgow Subway, the Midland Metro tram system and Croydon Tramlink.

BTP categorise serious crime on the railway under a variety of offence types, these include:

	Endangering Safety
	Trespass
	Criminal damage (including Graffiti, Vandalism and Arson)
	Assaults
	Throwing missiles (i.e stone throwing)
	Obstruction (i.e. placing items on the track)
	Robbery
	Anti Social Behaviour

Some examples of the different types of railway crime offences and their consequences are:

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.

Most people believe trespass to be a minor misdemeanour. In fact, outside of 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.

To the public, trespass might not sound very serious. However, the railway environment can be a dangerous place and railway trespassers expose themselves, rail staff 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 many cases it is the precursor to it and it is difficult to commit acts of vandalism without first trespassing on or near railway lines.

Criminal damage can include crimes such as graffiti, arson and vandalism. Graffiti may seem harmless but graffiti artists can often put themselves and others in danger when they trespass onto railway property to commit the offence. Graffiti on trains or at stations also has a significant impact of people’s perception of safety and ‘fear of crime.’

Commonly known by the railway community as stone throwing.

OBSTRUCTING TRAINS

There 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.

	Legal consequences for young people in England and Wales – an overview
	Legal consequences for young people in Scotland – an overview