Clause 30 - Prosecution
Railways and Transport Safety Bill
9:15 am

Mr David Jamieson (Parliamentary Under-Secretary, Department for Transport; Plymouth, Devonport, Labour)
At present, British Transport police frequently prosecute those who infringe railway byelaws. The clause will allow the BTP to continue to do so. It will be fairly apparent that the BTP does not and will not have the resources to mount large-scale prosecutions for serious cases. I hope that I help the hon. Member for Vale of York by telling her that such serious cases are dealt with by the Crown Prosecution Service, and I would expect that to continue.
The hon. Member for Bath asked about vandalism. The BTP would and could investigate vandalism. It keeps an eye on the railways in case of trespass but I understand that trespass is a civil offence. No other piece of legislation clearly states the role of the British Transport police in investigating criminal actions. It uses the Crown Prosecution Service, under the Prosecution of Offences Act 1985, to prosecute offences on the railways. The clause would allow the British Transport police to prosecute a number of minor offences that the CPS does not currently deal with and, as I understand it, there is no need for a similar provision in Scots law. In answer to the hon. Member for Vale of York, who asked who would prosecute, the CPS would bring the case to court.
Question put and agreed to.
Clause 30 ordered to stand part of the Bill.
