On 07/09/10 13:54, Mizter T wrote:

However in the case of OEPs I find it really rather hard to imagine a
TOC would actually attempt a prosecution,

Yeah, I understand where you're coming from. I don't think it's
incredibly likely to happen - but there have been several instances in
recent years where a decision to prosecute has on the face of it been
rather disproportionate, which is why I remain cautious.

and if they did I think the case would fall apart very quickly. IANAL
etc.

My concern is that it wouldn't fall apart. You'd be on a train without
a valid ticket, and you wouldn't really have much of a leg to stand on.
The offence under the byelaws is an absolute offence, so intent
doesn't matter.

IANAL, natch.

-roy