Criminal Damage and Railways Byelaw

[rupertev]

Hi
My son got arrested for Criminal damage at the Station three weeks ago after breaking the emergency entry glass on a train. At interview he told them he couldnt believe he had done it and denied it waiting for further evidence. He was bailed to return today where he was charged with two offences to return to court at the end of the month.
The offences are
1) at the platform xxx railway station without lawful excuse, damage emergency door release handle to the value of £150 belonging to xxx Trains company intending to destroy or damage such property or been reckless as to whether such property would be destoyed or damaged
- Legislation - Contrary to sections 1(1) and 4 of the criminal damage act 1971
2) On xxx date at platform xxx station except in an emergency or by using any equipment intended for the use of passengers in that way in normal operating circumstances.
- Legislation - Contrary to bylaw 11(1) and 24 of the Railway Bylaws made under section 219 of the transport act 2000 by the strategic railway authority and confirmed under schedule 20 of the transport act 2000, as ammended in section 46 of the railways act 2005.
The question is on the door handle of the train it mentions penalty of £xxx - Does this limit the court to how they can deal with this type of offence - Is the fine variable depending upon circumstances / plea?
Today he answered no response to the accusation.
Please let me know what you think.
Many Thanks
Rupert

[squarebear]

I think that if he doesn't remember doing that, why was he out by himself?

[Nosha123]

How does he not know whether he did it or not? Was he drunk?

[rupertev]

Yes he was drunk at the station, he cant believe he did it and says cant remember anything about it. It was after his christmas party. Im not happy about it either - What will happen at court? Is there likely to be a static fine / standard sentance for this? And why are there two charges / two seperate offences?
Many thanks for your quick responses.

[mark01]

Did this incident take place in the train carrage? How much was the penalty for breaking the glass panal? Did he do it or was it smashed accidently?

[Invictas]

I would imagine it is a fixed penalty fine for breaking the glass,but ONLY IF your son had admitted the offence.
If it goes to court they will probably judge it on the crime of criminal damage etc and as such can enforce any amount of fine (within the law) that they see fit,even if it exceeds the amount mentioned on the door.
By denying the offence he disallows the fixed penalty,and causes the rail company to take it to court.

[mark01]

Where there any witnesses or cttv cameras evidence\?

[rupertev]

If it was understood that the maximum fine would have been limited I would have made sure he pleaded guilty - Is there a way to return to the police station to admit the offence and reverse this?

[rupertev]

apparently the cctv evidence and a member of staff from the station saw him. The cps decided not to hold any further interviews just to charge him today and offer no other options.

[Invictas]

Not really,you can't go backwards,sorry.
He denied the offence and so it was moved forwards to the next stage.
As I said before if he had amitted the offence he may have gotten away with the fixed penalty,but now he will have to let the law take it's course.

[rupertev]

Thankyou for your response - Please tell me is this two seperate offences to be heard and settled individually in the court or one? He has been charged with two.

[Invictas]

He will probaly only have to pay a fine,which will at least be the amount of the fixed penalty(but could be considerably more of course)
Which train company is this?as quite a few would bar him from further travel on their lines in future.

[Invictas]

I would imagine that as the two offences are linked,and happened on the same day,they will be heard at the same time.
This is why I think the fine will be higher than the fixed penalty,the court is considering TWO offences here,where the fixed penalty offence(if it had been admitted) would only be one,and have been dealt with out of court.

[brenda]

If there is cctv evidence, and a witness to your son's actions --- what is the value to him of a nil response to the allegations?

[New Judge]

Before your son goes to court he is entitled to see the evidence the CPS has against him. (This should already have been provided). Both offences will be dealt with at the same time by the same magistrates. When your son appears in court he will be asked to enter his plea to each charge. The most serious charge is the Criminal Damage. The maximum penalty for this offence is a fine of £2,500 and/or 3 months custody.

The most likely disposal if you son has no previous record is a Conditional Discharge. (This means there is no punishment for the offence but if any other offences are committed within the period of the discharge – typically 6 to 12 months – the court can impose a penalty for the new offence and also for this offence as well).

The Bye-law offence is likely to attract a fine of up to the maximum which is the figure you have been quoted. Your son will also be likely to be ordered to pay compensation up to the £150 quoted. His means will be taken into account when assessing the amounts ordered. He will also pay a Victim Surcharge of £15 and a contribution towards prosecution costs.

If he pleads not guilty the matter will not be dealt with on the day but listed for trial at a later date. The penalties imposed (but not the Victim Surcharge or the compensation) will be reduced if he pleads guilty at the earliest opportunity and the prosecution costs will be considerably reduced in the event of an early guilty plea.

Hope this helps.

[rupertev]

Thanks for your response interesting, when you say no previous record is that for criminal damage or is that for any offence?

[New Judge]

For any offence but particular attention will be paid to offences involving violence or disorder.