§ Mr. HinchliffeTo ask the Secretary of State for Transport (1) how many legal actions for trespass were initiated by British Transport police during 1986 and 1987; and what were the results of the actions;
(2) what are the criteria employed in deciding whether or not legal action is initiated for trespass on British Rail property;
(3) who makes the decision whether or not to initiate legal proceedings for trespass on British Rail property.
§ Mr. David MitchellI understand that the British Transport police initiated legal action for trespass as follows:
Year Number of offences 1986 2,353 11987 1,363 1 First nine months. Details of the results of the actions are not readily available. The Railways Board has also considered civil proceedings in a relatively small number of cases.
Decisions on offences investigated by the British Transport police are made by BTP senior officers, who take into account the Attorney-General's guidelines and other relevant factors as set out in Home Office circulars. For civil cases involving British Rail operational land, I understand that decisions are normally taken at area manager level; for non-operational land, decisions are taken by the British Rail Property Board. They take into account whether BR's operational activities and other local landowners or residents are adversely affected.