UK - Court discharges student who put feet on train seat

[John Ashworth]

Magistrates discharge student who rested feet on train seat


· Rail company criticised for bringing prosecution
· Guilty verdict could have ruined career prospects

David Pallister
Wednesday September 5, 2007
The Guardian

A railway company was rebuked by magistrates yesterday as they gave a student an absolute discharge for resting her feet on a train seat.

Kathleen Jennings, 19, wiped tears from her eyes as the verdict was announced at Chester magistrates court. The university maths student could have seen her dream of becoming a teacher shattered had she been convicted of a criminal offence.

The chair of the bench, Christine Abrams, said: "The bench is united in feeling while this may have been contrary to a bylaw, Merseyrail should have a less draconian method for dealing with matters of this nature. A fixed penalty system may be more appropriate."

Ms Jennings had pleaded guilty to a charge that "you did molest or wilfully interfere with the comfort or convenience of any person on the railway by putting your feet on the seats while on a rail journey to Chester".

Wearing flip-flops, she was caught by an inspector on June 6. Merseyrail has successfully prosecuted about 240 people under the 1993 Railways Act since February, when bylaws under the act came into force. It also strictly enforces a smoking and alcohol ban. A further 600 cases are in the pipeline.

Speaking outside court, Ms Jennings said: "I'm really relieved. I thought the worst. It's been very distressing.

"Putting my feet on the seat, which I am sure everyone has done in the past, with the cost of it all, probably cost a lot of money. I hope they will target proper criminals, not someone like me."

Her father, Tony, a former JCB driver, said: "It is ridiculous. They just pick on the easy targets. If it was a 6ft yob who had told them to eff off, they would not have been here today."

Earlier Kevin Jones, representing Merseyrail, told the court that, as a train inspector approached Miss Jennings, she took her feet off the seat. He admitted there was no verbal warning but said a notice in front of her warned passengers of a £100 penalty for resting their feet on seats. Irwin Bamforth, defending, said: "I have to say that the general consensus is this is ludicrous. All it would have taken was for the gentleman to say, 'Please take your feet down'. She took her feet down and that should have been the end of it.

Last night Merseyrail defended its policy: "We do not regard our campaign as draconian. We are responding to the demands of passengers who don't want to sit on a seat covered in mud or dirt."

[John Ashworth]

'Feet on seats' train firm defiant


David Ward
Thursday September 6, 2007
The Guardian

The company that operates trains on Merseyside said yesterday that, despite criticism from magistrates, it will continue to prosecute people for resting their feet on train seats. Merseyrail was supported by the region's rail authority, Merseytravel, which said the absolute discharge given to a student was "short-sighted and ill-advised." About 240 people have been dealt with in courts across the region for the same offence and more than 600 others are to face magistrates.

On Tuesday, Chester magistrates said Merseyrail should have been "less draconian" in dealing with student Kathleen Jennings, 19. Christine Abrams, the chairman of the bench, said: "A fixed penalty system may be more appropriate."

But yesterday Mark Dowd, the chair of Merseytravel, said: "In describing the action as 'draconian', the magistrates showed a complete lack of understanding of what we are trying to achieve, which is a world-class public transport network, free from antisocial behaviour." A Merseyrail spokeswoman said there would be no change in its policy.