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Author Topic: Drunks on trains - ongoing discussion  (Read 43198 times)
EBrown
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« Reply #60 on: January 10, 2013, 21:37:44 »

Byelaw 6 is titled (as Vacmanfan implied) 'Unacceptable Behaviour' and does cover this, remember if you molest of wilfully interfere with the comfort or convenience of another passenger you have breached the Byelaws.
« Last Edit: March 03, 2013, 19:04:08 by EBrown » Logged

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thetrout
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« Reply #61 on: January 10, 2013, 23:09:22 »

Network Southeast you are of course correct. I did suspect that 2+ people fighting was section 4 POA. (Which is affray IIRC (if I recall/remember/read correctly)) but didn't check my facts.

Having re-read that post I am rather confused what I was trying to say myself... I made sense when I thought it. Having re-read it. It doesn't Roll Eyes

At the time of the incident the police were not called. And as of now I am not aware of anyone making a complaint. I doubt there will be either. My view is that everyone afterwards was rather embarrassed and just wants to drop it. Which personally I am happy with.

But my understanding and this was from an Officer. Was that a prosecution under POA can only take place if a witness makes a complaint. Affray is section 4 and then rioting being the worst; section 1 But Common Assault is very difficult if the victim doesn't press charges unless there are factors such as mental/physical factors etc. POA is easier than common assault as you say, because a witness(es) can say it caused then alarm and/or distress.

Which indeed is the original and perfectly valid point you raised!

That probably doesn't make sense either does it?!! Roll Eyes
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