Burns v First Capital Connect: Admn 1 May 2012

The defendant appealed aganst his conviction under the byelaws, regulation 8, for not having handed over his ticket for inspection etc. He had not been requested to do so, but his Oyster card had had insufficient credit for the journey.
Held: The appeal succeeded: ‘Whatever may have been the appellant’s fate, had he been prosecuted under Byelaws 17(1) or 18(1), which focus on valid tickets, those were not the Byelaws under which he was prosecuted. A prosecution under Byelaw 18(2) was, whatever the underlying merits, doomed to fail.’

Judges:

Gross LJ, Supperstone J

Citations:

[2012] EWHC 1305 (Admin)

Links:

Bailii

Statutes:

Railway Byelaws

Jurisdiction:

England and Wales

Crime, Transport

Updated: 27 May 2022; Ref: scu.460342