Skip to main content

Law and History: 7: Jurisdiction Yet Again. 'Matters Affecting the Board'

 

Research can be boring.  Not always of course.  Most of the time there is nothing better than wading through stacks of documents looking for the needle that provokes joy on discovery.  However researching legislation is particularly challenging and can be both tedious and difficult.  However there is no way around it.  Either we just tell stories about our history and in doing so reinforce the many myths of police history or we slog away. 

I paint this rather glum picture because I have spent the last few weeks (in between more exciting activities and trying to earn a living) wading through the legislation that touches the jurisdiction of the British Transport Police.  In particular I have been trying to find the point when jurisdiction was expanded to cover places beyond the premises of the ‘Boards’  (ie railways, docks canals etc) in matter ‘affecting the Board’.  Why is this important?  Well it isn’t, this is niche history after all.  Why am I interested?  Because quite a lot of nonsense is spoken about the jurisdiction of BTP both current and historic and the only way to keep on the straight and narrow is to go back to the original paperwork (i).

If I were looking at any of the geographic forces of England and Wales this would have been a simple task.  The Police Act 1964 (and its replacement in 1996) makes things very clear (ii).  But the jurisdiction of BTP was, until the mess that is the Railways and Transport Safety Act 2003, contained in various Local/Private Acts of Parliament.  These Acts tend not to appear on the national databases except where they intersect with Public General Acts. This means that the only way to read this legislation is to wade through each Act.  The British Transport Police was brought together (not as a police ‘force’ but as a body of constables) by one of these Acts, viz, the British Transport Commission Act 1949.   Most retired BTP officers and some serving officers were attested or sworn as constables under s53 of the Act (note that the Act gave an option). 

The jurisdiction granted under the 1949 Act was a virtual cut and paste of the descriptions of the jurisdiction given to the constables of the formerly independent railway companies.  Basically the premises operated by the British Transport Commission (BTC) (which included docks, hotels etc as well as railways) and included a power of ‘follow and arrest’ together with powers ‘in the vicinity’ but only in matters relating to offences on the property of the Commission.  This was soon seen as unsatisfactory as it made investigating offences rather difficult.  This problem had existed before the creation of the BTC and officers used the same work around as they had before 1949.  They ignored the restriction and the courts turned a blind eye to the technical shortcomings of the jurisdiction provisions.   There were, it seems, very few, if any, attempts at civil claims against the BTC on the basis of jurisdiction (see elsewhere for discussions on later cases. Extensive use was made of powers available to citizens and sometimes BTP officers ‘assisted’ officers from local forces.  I recall a colleague at Tadworth (The BTP Force Training Centre of happy memory) talking about the ex turpi causa principle and the 18th century case of Holman and Johnson but such things are beyond my understanding. (iii).

W.O Gay, one time chief constable and long term historian of the force made mention of the legal gap several times in his various articles and pieces in the BTP Journal and Police Review.  He was also concerned by assaults on officers when dealing with cases at court. 

Partial relief eventually came after Gay had retired. S25 of the British Railway Act 1978 reframed the jurisdiction clause of the 1949 Act to allow BTP constables powers outside of the premises and vicinity of the Boards in matters ‘concerned with or affecting the Boards’.  The reconstitution of the force in 2003 removed the ‘vicinity’ powers but carried forward the ‘elsewhere’ provision in an amended form, viz: “ throughout Great Britain for a purpose connected to a railway or to anything occurring on or in relation to a railway.”  (s31 (g).

To pin down the date of the change required me to look at every annual British Transport Commission/British Railways Act from 1950 to 1980.  Such Acts mainly deal with matters relating to the construction or decommissioning of railways and docks.  Such is their soporific effect that I missed the amendment and had to go through them twice!  Researching the police specific bits is however made slightly easier by the fact that anything touching BTP always sits in the ‘miscellaneous’ bit at the end.  Perhaps this reflects something more general about the history of BTP!  

The extension of the jurisdiction of BTP officers has been a slow and chequered process.    Extension has been, at various times, been opposed by other forces, the Home Office and, often by the Department for Transport and its predecessors.

An example of when the Ministry of Transport (as it then was) unsuccessfully supported a change will be the subject of a future blog.

 

Philip Trendall

March 2024

NOTES

British Railways Act 1979 Ch xxi

Railways and Transport Safety Act 2003 Ch 20, Part 3

 

(i)              One reader suggests that there may also be deeper undiagnosed psychological issues at play as well.

(ii)             These Acts give constables in ‘Police Act’ forces powers throughout England and Wales.  To save space I have not mentioned Scotland but the general provisions mirror those described. One of the myths that grew up in the 1980s was that a case in Scotland had extended jurisdiction throughout that realm.  It didn’t.  It clarified the status of BTP constables within their jurisdiction.

(iii)    I do recall a case before the Stipendiary Magistrate at Clerkenwell Court in which there was a short discussion about jurisdiction.  The defendant had been arrested in York Way, King's Cross after shouting at BTP officers about their legitimacy (in both senses of the word) and stating that as they were not 'real' police they couldn't do anything to him.  The magistrate indicted that in his experience such conduct was the fastest way of being arrested and he assured the defendant that the cell he had spent the night in and the fine he was about to receive were perfectly real, although he admitted that it was possible that the BTP was a product of somebody's imagination!

Comments

Popular posts from this blog

Give me a firm place to stand.........

  Is policing better today than it was 50 years ago?   Is this even a valid question?   My answer to both is   straightforward: ‘I don’t know’.   I suspect that most things are better and some things have declined but generally it is the sort of question that can take up a lot of time and enough hot air to power a dirigible.   I really DON’T want to start a debate on this because what concerns me most is my own shifting perspective.   As a grumpy git I find the sight of scruffy police officers looking bored and staring at their telephones really annoying.   I don’t understand why wearing a traditional helmet is so difficult and I don’t like the rather lightweight approach to discipline.   On the other hand my professional dealings with police officers show me that modern officers are bright, caring, thoughtful and determined to do the right thing.   As events demonstrate there is no shortage of brave people in today’s service. The horrors of racism and misogyny still haunt the service

Law and History 2: JUST THE SAME AS OTHER FORCES?

  Reading through this before posting makes me fear that it is not historical enough for this blog and trespasses into contemporary issues.   So be it.   But I do feel it necessary to remind readers that this blog does NOT represent the view of the BTPHG.   These ramblings are mine alone. It is rarely accurate to say that history repeats itself, but it is true that somethings that we think are settled in the past return to challenge us again. When I was a serving police officer in BTP I saw a steady evolution in the status of the force.   The achievements of officers, particularly in facing the ‘decade of disasters’ (1980s) and the acknowledged expertise of BTP in dealing with certain classes of activity (terrorism, theft person, theft of goods in transit, major incident response, football disorder etc) all led to an increasing recognition that BTP was an equal member of the police family.   In concrete terms this had been marked by the recommendation of the Wright Committee into the

Police Review & Parade Gossip 1902/3

  I have, at long last, returned to my project of searching early editions of Police Review & Parade Gossip for items relating to the Rail, Dock and Canal (RDC) Policing.   I have run into a couple of years where the index (which was compiled at the end of end calendar year) is missing which means I have had no choice but to go through every page of every edition.   Police Review was a weekly publication that described itself as ‘The Organ of the British Constabulary’.   It provides a valuable insight into the issues that concerned police officers and the public. So, what were the big questions of the early Edwardian period?   Well, questions of law make a frequent appearance together with operational demands.   The delay to the Coronation of Edward VII in 1902 (he was ill) led to a lot of operational angst.   Even today mutual aid brings challenges but imagine what it was like when there were 243 forces (i) covering England, Scotland and Wales.   Assaults on officers were at a v