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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69506
Experience:  Over 5 years in practice
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I recently attended LonXXXXX XXXXXverpool Street the barriers were

Customer Question

I recently attended LonXXXXX XXXXXverpool Street the barriers were open, but manned I was completly ladden with bags and had my full too, so I walked through the barrier and said I have a valid ticket. I got beckond back, and was asked to show my ticket. In the process of putting down all my bags in what I thought looked a safe place, and finding my ticket, i used the words "fcking jobsworth" under my breath. I was not agressive in any manner, I had not lost my temper and Liverpool Street was empty, as it was 9 am on a Sunday morning. After I had said the words I said, not directed at anyone, and after I had put my bags down, I showed the ticket inspector my ticket, he checked it, verified it was valid and said now, I am cautioning you for a bylaw offence. I didn't know what I had done wrong, and he said because I had said fcking jobsworth. For a start he didn't caution me as soon as I said and secoundly I did not call him this, as I said it to myself. I am now being prosecuted for this. I went to court this week and pleaded not guilty, as I didnt believe, I had used: threatening, offensive, obsence or abusive behaviour, but I do admit saying a swear word, under my breath. Can you advise please. I have to go to court again at the end of the month, but I really do not want to get a criminal record, as I feel the inspector has been completley unreasonable and unjust in this instance. I work in legal, and have over 20 years experience and do not wish to have ca riminal record for something I feel I haven't done.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 2 years ago.


I have pleaded not guilty. Please kindly advise if what I have done does class as a bylaw offence under sections 219, 46 and 20. Please note I had not directly said to anyone you are a "fcking jobsworth" i merely said this under my breath. Am I breaking the law?

Expert:  Jo C. replied 2 years ago.
Can you tell me which legislation is quoted on the summons?

What are the exact words?
Customer: replied 2 years ago.


Certainly:


 


contravene bylaw no 6 (1) of the Railway byelaws made under section 219, and schedule 20 o the transport act 2000, in accordance with the railways act 2005, in that you did use: threatening, abusive, obsence or offensive language on the railway.


 


I said under my breath, and not directed to anyone: "f**king jobsworth"

Expert:  Jo C. replied 2 years ago.
Thanks.

You will find it here

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/4202/railway-byelaws.pdf

at point 6

The S219 etc just relates to the statutory instruments that gives force to the bye laws.

Its a shame they are prosecuting this and it tends to support your view that they are jobsworths. However, the statutory instruments are clear. You are only required to 'use' such language. It need not be heard by anybody or cause offence.

You could always try to argue that this wording is not offensive or obscene. I must admit that I don't think it is sufficient to cause distress to the reasonable person but I suspect that Magistrates would probably say that it is offensive if not obscene.

An alternative is to offer an out of court settlement. I have to say that I don't know why they think they can accept them but I know that they are. It depends if you want to fight this or just avoid a criminal record.

Can I clarify anything for you?

Jo

Customer: replied 2 years ago.


Thank you, XXXXX XXXXX been really helpful. I would like to avoid a criminal record. Shall I try writing to the prosecutor and say that I would like to settle out of court? Thank you again.

Expert:  Jo C. replied 2 years ago.
If this is a railway bye law prosecution then its probably better to phone them.

Usually you don't have time to send a letter and have it considered.

It might not work but its worth a try as it does sometimes work.
Jo C., Barrister
Category: Law
Satisfied Customers: 69506
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you. You have been really helpful. Have a nice day.


 


Laura,

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 2 years ago.

I can't thank you enough.

Expert:  Jo C. replied 2 years ago.
No problem.

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