London Banter

London Banter (https://www.londonbanter.co.uk/forum.php)
-   London Transport (https://www.londonbanter.co.uk/london-transport/)
-   -   Metal Thefts Soar ... (https://www.londonbanter.co.uk/london-transport/12828-metal-thefts-soar.html)

SB December 27th 11 11:05 PM

Metal Thefts Soar ...
 
http://www.bbc.co.uk/search/news/?q=metal%20thefts

====

Scrap metal raids: Police seize tonnes of rail cable

The British Transport Police (BTP) regards metal theft second only to
terrorism in its list of priorities

http://www.bbc.co.uk/news/uk-england-london-16307310

Police have seized 14 tonnes of suspected stolen railway cable and
made 45 arrests after searching around 160 scrap metal yards in a
single day.

The Association of Chief Police Officers (Acpo) said the haul followed
visits to 400 scrap metal recyclers in England and Wales on 14
December.

The day of action aimed to tackle the "growing" crime of metal theft,
thought to cost the economy £700m a year.

Scotland Yard is launching a dedicated unit to target the thieves.

The Waste and Metal Theft Taskforce is based in Bexley, south-east
London, one of the boroughs most severely affected because of the high
number of scrap metal yards.

'Unscrupulous'

Meanwhile, a newly formed cross-ministerial group has also met several
times to discuss the problem.

It is clear that a law dating back to the 1960s is not sufficient to
deal with an increasingly organised crime”

Acpo said police across Britain had joined forces with a number of
agencies to hit back at thieves and "unscrupulous" scrap dealers.

"Metal theft is a huge, cross-industry, problem which is not only
having a massive impact on the economy, but also communities across
the nation, said deputy Ch Con Paul Crowther.

"The day of action was designed to drive home the message that metal
theft will not be tolerated and that all agencies will work together
to tackle the issue."

Other bodies involved in combating the problem include the Environment
Agency, Her Majesty's Revenue and Customs, BT and Network Rail.

British Transport Police said it considers cable theft second only to
terrorism in its list of priorities.

Home Office minister Lord Henley said: "It is clear that a law dating
back to the 1960s is not sufficient to deal with an increasingly
organised crime.

"That is why we are looking at a range of legislative options,
including ending payments in cash for scrap metal."

Some 275 separate searches of scrap metal yards in the first two weeks
of December led to 15 arrests and the seizure of 16 vehicles.

Acpo said dedicated days of action would continue throughout 2012.

Kev Lawrence[_2_] December 28th 11 09:30 AM

Metal Thefts Soar ...
 

"SB" wrote in message
...
http://www.bbc.co.uk/search/news/?q=metal%20thefts

====

Scrap metal raids: Police seize tonnes of rail cable

*************

About time too!

Kev



furnessvale December 28th 11 10:11 AM

Metal Thefts Soar ...
 
On Dec 28, 10:30*am, "Kev Lawrence"
wrote:

About time too!

Kev


Indeed! Now all we need is government prepared to bring the law on
scrap metal out of the days of Dickens and into the 21st century and
courts prepared to believe the offence is worth more than the
miniscule scrap value the thief gets........but don't hold your
breath.

George


[email protected] December 28th 11 10:45 AM

Metal Thefts Soar ...
 
On Wed, 28 Dec 2011 03:11:34 -0800 (PST)
furnessvale wrote:
Indeed! Now all we need is government prepared to bring the law on
scrap metal out of the days of Dickens and into the 21st century and
courts prepared to believe the offence is worth more than the
miniscule scrap value the thief gets........but don't hold your
breath.


Expecting any sensible decision from the deluded liberal buffoons in the
legal system is a hide to nothing these days. Justice long ago went out
the window, its now just a trough the lawyers stick their snouts in and the
judges use to play one-upmanship against the democratically elected commons.
Home secretary wants to boot out some asylum seeker who's commited murder? No
chance , because Sir Justice I'm-all-right-jack-in-my-country-retreat
****wit-Smyth will be along any minute to overturn it on appeal and pat
himself on the back at what a good little liberal he's been.

B2003


Denis McMahon[_4_] December 28th 11 01:18 PM

Metal Thefts Soar ...
 
On Wed, 28 Dec 2011 03:11:34 -0800, furnessvale wrote:

Indeed! Now all we need is government prepared to bring the law on
scrap metal out of the days of Dickens and into the 21st century and
courts prepared to believe the offence is worth more than the miniscule
scrap value the thief gets........but don't hold your breath.


Maybe it's about time BT and Network Rail started taking civil actions
against the thieves and the scrapyards for the consequential costs caused
by their actions.

A civil judgement for the compensation costs incurred by NR for a 6 hour
shutdown on the ECML would probably be enough to close the scrapyard that
paid for the signalling cable involved.

Rgds

Denis McMahon

D1039 December 28th 11 01:28 PM

Metal Thefts Soar ...
 
On Dec 28, 2:18*pm, Denis McMahon wrote:
On Wed, 28 Dec 2011 03:11:34 -0800, furnessvale wrote:
Indeed! *Now all we need is government prepared to bring the law on
scrap metal out of the days of Dickens and into the 21st century and
courts prepared to believe the offence is worth more than the miniscule
scrap value the thief gets........but don't hold your breath.


Maybe it's about time BT and Network Rail started taking civil actions
against the thieves and the scrapyards for the consequential costs caused
by their actions.

A civil judgement for the compensation costs incurred by NR for a 6 hour
shutdown on the ECML would probably be enough to close the scrapyard that
paid for the signalling cable involved.

Rgds

Denis McMahon


Consequential losses are seldom recoverable in civil actions, as being
too remote.

Compensation costs are contractual penalties between NR and TOCs and
are irrecoverable in tort from a third party

Indeed it might not be possible to prove that the scrapyards 'knew or
ought to have known' the cable was stolen

I would have thought that Restitution Orders or Proceeds of Crime
orders against the proven perpetrators would be more likely to be
successful (in the later their assets are seized and they have to
demonstrate what proportion they can retain as coming from legitiate
means).

That assumes the proven perpetrators have any meaningful assets

Patrick



D1039 December 28th 11 01:30 PM

Metal Thefts Soar ...
 
On Dec 28, 11:45*am, wrote:
On Wed, 28 Dec 2011 03:11:34 -0800 (PST)

furnessvale wrote:
Indeed! *Now all we need is government prepared to bring the law on
scrap metal out of the days of Dickens and into the 21st century and
courts prepared to believe the offence is worth more than the
miniscule scrap value the thief gets........but don't hold your
breath.


Expecting any sensible decision from the deluded liberal buffoons in the
legal system is a hide to nothing these days. Justice long ago went out
the window, its now just a trough the lawyers stick their snouts in and the
judges use to play one-upmanship against the democratically elected commons.
Home secretary wants to boot out some asylum seeker who's commited murder? No
chance , because Sir Justice I'm-all-right-jack-in-my-country-retreat
****wit-Smyth will be along any minute to overturn it on appeal and pat
himself on the back at what a good little liberal he's been.

B2003


Remembering of course that the judiciary follow sentancing guidelines,
their deliberations on which are published and are subject to appeal
(inckuding in cases of leniency)

I suspect your beef is with the guidelines

Patrick

Recliner[_2_] December 28th 11 01:37 PM

Metal Thefts Soar ...
 
"Denis McMahon" wrote in message
.com
On Wed, 28 Dec 2011 03:11:34 -0800, furnessvale wrote:

Indeed! Now all we need is government prepared to bring the law on
scrap metal out of the days of Dickens and into the 21st century and
courts prepared to believe the offence is worth more than the
miniscule scrap value the thief gets........but don't hold your
breath.


Maybe it's about time BT and Network Rail started taking civil actions
against the thieves and the scrapyards for the consequential costs
caused by their actions.

A civil judgement for the compensation costs incurred by NR for a 6
hour shutdown on the ECML would probably be enough to close the
scrapyard that paid for the signalling cable involved.


BBC London ran a sting operation a few weeks ago. They found that some
dodgy scrapyards wouldn't buy obviously stolen BT cable (provided to the
Beeb by BT), but did give sotto voce advice to the thieves on how to
disguise the origins (ie, to burn off the insulation and melt the
copper). They even suggested a quiet location where to do it. Once
that was done, it's pretty hard to prove that it was originally stolen,
and from whom/when/where, and so the scrapyards would then buy the
anonymised copper from the returning 'thieves'.



Bevan Price[_4_] December 28th 11 03:36 PM

Metal Thefts Soar ...
 
On 28/12/2011 00:05, SB wrote:
http://www.bbc.co.uk/search/news/?q=metal%20thefts

====

Scrap metal raids: Police seize tonnes of rail cable

The British Transport Police (BTP) regards metal theft second only to
terrorism in its list of priorities

http://www.bbc.co.uk/news/uk-england-london-16307310

Police have seized 14 tonnes of suspected stolen railway cable and
made 45 arrests after searching around 160 scrap metal yards in a
single day.

The Association of Chief Police Officers (Acpo) said the haul followed
visits to 400 scrap metal recyclers in England and Wales on 14
December.

The day of action aimed to tackle the "growing" crime of metal theft,
thought to cost the economy £700m a year.

Scotland Yard is launching a dedicated unit to target the thieves.

The Waste and Metal Theft Taskforce is based in Bexley, south-east
London, one of the boroughs most severely affected because of the high
number of scrap metal yards.

'Unscrupulous'

Meanwhile, a newly formed cross-ministerial group has also met several
times to discuss the problem.

It is clear that a law dating back to the 1960s is not sufficient to
deal with an increasingly organised crime”

Acpo said police across Britain had joined forces with a number of
agencies to hit back at thieves and "unscrupulous" scrap dealers.

"Metal theft is a huge, cross-industry, problem which is not only
having a massive impact on the economy, but also communities across
the nation, said deputy Ch Con Paul Crowther.

"The day of action was designed to drive home the message that metal
theft will not be tolerated and that all agencies will work together
to tackle the issue."

Other bodies involved in combating the problem include the Environment
Agency, Her Majesty's Revenue and Customs, BT and Network Rail.

British Transport Police said it considers cable theft second only to
terrorism in its list of priorities.

Home Office minister Lord Henley said: "It is clear that a law dating
back to the 1960s is not sufficient to deal with an increasingly
organised crime.

"That is why we are looking at a range of legislative options,
including ending payments in cash for scrap metal."

Some 275 separate searches of scrap metal yards in the first two weeks
of December led to 15 arrests and the seizure of 16 vehicles.

Acpo said dedicated days of action would continue throughout 2012.



I would suggest that the law needs to be changed so that cable thieves
can be charged with "sabotage & endangering safety of rail passengers",
rather than theft, with severe minimum penalties specified by law, such
that some namby-pamby do-gooder could not reduce to a token level of
sentence. Dodgy scrap dealers should also face similarly severe charges
& penalties.

Bevan



Roland Perry December 28th 11 03:45 PM

Metal Thefts Soar ...
 
In message , at 16:36:42 on
Wed, 28 Dec 2011, Bevan Price remarked:
I would suggest that the law needs to be changed so that cable thieves
can be charged with "sabotage


Perhaps. Or why not simply Criminal Damage?

& endangering safety of rail passengers", rather than theft, with
severe minimum penalties specified by law, such that some namby-pamby
do-gooder could not reduce to a token level of sentence. Dodgy scrap
dealers should also face similarly severe charges & penalties.


That's somewhat in conflict with the idea that signalling systems are
fail-safe.
--
Roland Perry

furnessvale December 28th 11 04:01 PM

Metal Thefts Soar ...
 
On Dec 28, 4:36*pm, Bevan Price wrote:

I would suggest that the law needs to be changed so that cable thieves
can be charged with "sabotage & endangering safety of rail passengers",
rather than theft, with severe minimum penalties specified by law, such
that some namby-pamby do-gooder could not reduce to a token level of
sentence. Dodgy scrap dealers should also face similarly severe charges
& penalties.

Bevan


No need for that. Theft carries a maximum penalty of 7 years,
handling even more. When did you see anyone, let alone these scroats,
get anywhere near these sorts of tariff.

As another poster said, the real beef is with the guidlines and the
dickhead who makes them.

George

WZR December 28th 11 04:44 PM

Metal Thefts Soar ...
 
On Wed, 28 Dec 2011 16:45:09 +0000, Roland Perry wrote:

In message , at 16:36:42 on
Wed, 28 Dec 2011, Bevan Price remarked:
I would suggest that the law needs to be changed so that cable thieves
can be charged with "sabotage


Perhaps. Or why not simply Criminal Damage?

& endangering safety of rail passengers", rather than theft, with
severe minimum penalties specified by law, such that some namby-pamby
do-gooder could not reduce to a token level of sentence. Dodgy scrap
dealers should also face similarly severe charges & penalties.


That's somewhat in conflict with the idea that signalling systems are
fail-safe.


Removing lumps of power cable tends to put signals out, and a row of black
signals isn't especially fail-safe.

Then there's the rather creative method of theft intended to avoid detection
which was employed recently (for obvious reasons I will not go into
details). Suffice to say the use of that method on the wrong cables could
result in a decidely non fail-safe situation.
--
WZR

Pat O'Neill December 28th 11 04:51 PM

Metal Thefts Soar ...
 

"WZR" wrote in message
.. .
On Wed, 28 Dec 2011 16:45:09 +0000, Roland Perry wrote:

In message , at 16:36:42 on
Wed, 28 Dec 2011, Bevan Price remarked:
I would suggest that the law needs to be changed so that cable thieves
can be charged with "sabotage


Perhaps. Or why not simply Criminal Damage?

& endangering safety of rail passengers", rather than theft, with
severe minimum penalties specified by law, such that some namby-pamby
do-gooder could not reduce to a token level of sentence. Dodgy scrap
dealers should also face similarly severe charges & penalties.


That's somewhat in conflict with the idea that signalling systems are
fail-safe.


Removing lumps of power cable tends to put signals out, and a row of black
signals isn't especially fail-safe.

Then there's the rather creative method of theft intended to avoid
detection
which was employed recently (for obvious reasons I will not go into
details). Suffice to say the use of that method on the wrong cables could
result in a decidely non fail-safe situation.
--
WZR

Yes that scares me what they are doing now.


D1039 December 28th 11 05:24 PM

Metal Thefts Soar ...
 
On Dec 28, 5:01*pm, furnessvale wrote:
On Dec 28, 4:36*pm, Bevan Price wrote:

I would suggest that the law needs to be changed so that cable thieves
can be charged with "sabotage & endangering safety of rail passengers",
rather than theft, with severe minimum penalties specified by law, such
that some namby-pamby do-gooder could not reduce to a token level of
sentence. Dodgy scrap dealers should also face similarly severe charges
& penalties.


Bevan


No need for that. *Theft carries a maximum penalty of 7 years,
handling even more. *When did you see anyone, let alone these scroats,
get anywhere near these sorts of tariff.

As another poster said, the real beef is with the guidlines and the
dickhead who makes them.

George


That would be the maximum with several aggrevating factors, e.g. being
the ringleader, violence or threats of violence. Discounts are applied
for mitigating factors such as age, early guilty plea, genuine
remorse, helpfulness to the police etc.

Part of the sentence is usually paroled for good behaviour.

I'm generally in favour of this approach

Patrick

Roger Traviss December 28th 11 05:29 PM

Metal Thefts Soar ...
 
Then there's the rather creative method of theft intended to avoid
detection
which was employed recently (for obvious reasons I will not go into
details). Suffice to say the use of that method on the wrong cables could
result in a decidely non fail-safe situation.


Doesn't the absence of a signal indication where expected indicate "Stop" or
the most restricting indication possible?

That alone is fail safe.


--
Merry Christmas
Roger Traviss


Photos of the late HO scale GER: -

http://www.greateasternrailway.com

For more photos not in the above album and kitbashes etc..:-
http://s94.photobucket.com/albums/l9...Great_Eastern/



Tim Watts[_2_] December 28th 11 05:53 PM

Metal Thefts Soar ...
 
Roger Traviss wrote:

Then there's the rather creative method of theft intended to avoid
detection
which was employed recently (for obvious reasons I will not go into
details). Suffice to say the use of that method on the wrong cables
could result in a decidely non fail-safe situation.


Doesn't the absence of a signal indication where expected indicate "Stop"
or the most restricting indication possible?

That alone is fail safe.



In the dark, in the fog on a bend with lots of lines???

--
Tim Watts

Peter Masson[_2_] December 28th 11 06:05 PM

Metal Thefts Soar ...
 


"Tim Watts" wrote in message
...
Roger Traviss wrote:

Then there's the rather creative method of theft intended to avoid
detection
which was employed recently (for obvious reasons I will not go into
details). Suffice to say the use of that method on the wrong cables
could result in a decidely non fail-safe situation.


Doesn't the absence of a signal indication where expected indicate "Stop"
or the most restricting indication possible?

That alone is fail safe.



In the dark, in the fog on a bend with lots of lines???

This is what can happen when a signal is unlit
http://www.railwaysarchive.co.uk/doc...ssocks1978.pdf

The train which followed the collided train also passed the unlit signal,
but stopped short of the collision.

Peter


Bevan Price[_4_] December 28th 11 06:10 PM

Metal Thefts Soar ...
 
On 28/12/2011 17:01, furnessvale wrote:
On Dec 28, 4:36 pm, Bevan wrote:

I would suggest that the law needs to be changed so that cable thieves
can be charged with "sabotage& endangering safety of rail passengers",
rather than theft, with severe minimum penalties specified by law, such
that some namby-pamby do-gooder could not reduce to a token level of
sentence. Dodgy scrap dealers should also face similarly severe charges
& penalties.

Bevan


No need for that. Theft carries a maximum penalty of 7 years,
handling even more. When did you see anyone, let alone these scroats,
get anywhere near these sorts of tariff.


George



I think that plain "theft" is not severe enough. Something like wilful
sabotage deserves a lot more than 7 years to punish offenders and deter
others. More like 20 years minimum would be my suggestion.

(And before anyone suggests you get less for murder, I think murderers
should get 100 years without remission. )

Bevan






Charles Ellson December 28th 11 07:01 PM

Metal Thefts Soar ...
 
On Wed, 28 Dec 2011 19:10:07 +0000, Bevan Price
wrote:

On 28/12/2011 17:01, furnessvale wrote:
On Dec 28, 4:36 pm, Bevan wrote:

I would suggest that the law needs to be changed so that cable thieves
can be charged with "sabotage& endangering safety of rail passengers",
rather than theft, with severe minimum penalties specified by law, such
that some namby-pamby do-gooder could not reduce to a token level of
sentence. Dodgy scrap dealers should also face similarly severe charges
& penalties.

Bevan


No need for that. Theft carries a maximum penalty of 7 years,
handling even more. When did you see anyone, let alone these scroats,
get anywhere near these sorts of tariff.


George



I think that plain "theft" is not severe enough. Something like wilful
sabotage deserves a lot more than 7 years to punish offenders and deter
others. More like 20 years minimum would be my suggestion.

"Section 33 Offences Against the Person Act 1861 - note the intent to
injure or endanger the safety of persons on railways must be present.
The offence carries, on conviction, [a maximum penalty of?**] life
imprisonment;"
[http://www.cps.gov.uk/legal/p_to_r/r...ort_offences/]

(**AFAIAA murder is the only offence for which only a life sentence is
available.)

The same maximum penalty applies in Scotland for the Common Law
offence of culpable and reckless conduct.

(And before anyone suggests you get less for murder, I think murderers
should get 100 years without remission. )

They all get "life" but not necessarily/usually in the form of
lifelong incarceration. The circumstances vary greatly between cases
and locking people up for ever is seldom appropriate.

[email protected] December 28th 11 08:01 PM

Metal Thefts Soar ...
 
In article ,
(Charles Ellson) wrote:

On Wed, 28 Dec 2011 19:10:07 +0000, Bevan Price
wrote:

On 28/12/2011 17:01, furnessvale wrote:
On Dec 28, 4:36 pm, Bevan wrote:

I would suggest that the law needs to be changed so that cable thieves
can be charged with "sabotage& endangering safety of rail
passengers", rather than theft, with severe minimum penalties
specified by law, such that some namby-pamby do-gooder could not
reduce to a token level of sentence. Dodgy scrap dealers should also
face similarly severe charges & penalties.

No need for that. Theft carries a maximum penalty of 7 years,
handling even more. When did you see anyone, let alone these scroats,
get anywhere near these sorts of tariff.


I think that plain "theft" is not severe enough. Something like wilful
sabotage deserves a lot more than 7 years to punish offenders and deter
others. More like 20 years minimum would be my suggestion.

"Section 33 Offences Against the Person Act 1861 - note the intent to
injure or endanger the safety of persons on railways must be present.
The offence carries, on conviction, [a maximum penalty of?**] life
imprisonment;"

[
http://www.cps.gov.uk/legal/p_to_r/r...port_offences/
]

(**AFAIAA murder is the only offence for which only a life sentence is
available.)

The same maximum penalty applies in Scotland for the Common Law
offence of culpable and reckless conduct.

(And before anyone suggests you get less for murder, I think murderers
should get 100 years without remission. )

They all get "life" but not necessarily/usually in the form of
lifelong incarceration. The circumstances vary greatly between cases
and locking people up for ever is seldom appropriate.


An important difference with life sentences is that a prisoner can be
recalled at any time and is never free from that threat.

The charge of endangering passengers on the railway is greatly under-used
IMHO. People like the lorry-driver who hit the barriers on Foxton level
crossing (on the A10) should undoubtedly be charged. He was well past the "I
didn't see the flashing lights" stage.

--
Colin Rosenstiel

Denis McMahon[_4_] December 28th 11 10:14 PM

Metal Thefts Soar ...
 
On Wed, 28 Dec 2011 06:28:48 -0800, D1039 wrote:

On Dec 28, 2:18Â*pm, Denis McMahon wrote:
On Wed, 28 Dec 2011 03:11:34 -0800, furnessvale wrote:
Indeed! Â*Now all we need is government prepared to bring the law on
scrap metal out of the days of Dickens and into the 21st century and
courts prepared to believe the offence is worth more than the
miniscule scrap value the thief gets........but don't hold your
breath.


Maybe it's about time BT and Network Rail started taking civil actions
against the thieves and the scrapyards for the consequential costs
caused by their actions.

A civil judgement for the compensation costs incurred by NR for a 6
hour shutdown on the ECML would probably be enough to close the
scrapyard that paid for the signalling cable involved.


Consequential losses are seldom recoverable in civil actions, as being
too remote.


Perhaps legislation should address this?

Compensation costs are contractual penalties between NR and TOCs and are
irrecoverable in tort from a third party


Ditto.

Or make the punishment fit the crime, and connect anyone convicted of
involvement in cable theft to a suitable cable. 11Kv would be good.

Rgds

Denis McMahon

MB December 28th 11 11:55 PM

Metal Thefts Soar ...
 
On 28/12/2011 17:01, furnessvale wrote:
On Dec 28, 4:36 pm, Bevan wrote:

I would suggest that the law needs to be changed so that cable thieves
can be charged with "sabotage& endangering safety of rail passe ngers",
rather than theft, with severe minimum penalties specified by law, such
that some namby-pamby do-gooder could not reduce to a token level of
sentence. Dodgy scrap dealers should also face similarly severe charges
& penalties.

Bevan


No need for that. Theft carries a maximum penalty of 7 years,
handling even more. When did you see anyone, let alone these scroats,
get anywhere near these sorts of tariff.

As another poster said, the real beef is with the guidlines and the
dickhead who makes them.

George



I would like to see more creative use of charging like happens in the
USA. If there are a series of thefts then charge them with them all and
give them consecutive sentences. Add trespassing on railway property,
endangering passengers and not having a dog licence each with
consecutive sentences. In the UK they seem to chose one specimen charge
often not the most serious one then of course seven years means they
will only serve about three years. The newspapers play along with the
legal system with headlines like "metal thieves get twenty years" which
when you read them actually mean perhaps five people got sentences of up
to five years so will serve two years.



Charles Ellson December 29th 11 04:39 AM

Metal Thefts Soar ...
 
On 28 Dec 2011 23:14:17 GMT, Denis McMahon
wrote:

On Wed, 28 Dec 2011 06:28:48 -0800, D1039 wrote:

On Dec 28, 2:18*pm, Denis McMahon wrote:
On Wed, 28 Dec 2011 03:11:34 -0800, furnessvale wrote:
Indeed! *Now all we need is government prepared to bring the law on
scrap metal out of the days of Dickens and into the 21st century and
courts prepared to believe the offence is worth more than the
miniscule scrap value the thief gets........but don't hold your
breath.

Maybe it's about time BT and Network Rail started taking civil actions
against the thieves and the scrapyards for the consequential costs
caused by their actions.

A civil judgement for the compensation costs incurred by NR for a 6
hour shutdown on the ECML would probably be enough to close the
scrapyard that paid for the signalling cable involved.


Consequential losses are seldom recoverable in civil actions, as being
too remote.


Perhaps legislation should address this?

Unlikely. If anything the current lot wants to crack down on the
"compensation culture". In any case, once you become the victim of a
victim etc. it becomes increasingly hard to apportion all the blame on
the other end of the chain ("all the local buses were up Glen Faeces
that day so it isn't all our fault anyway"). In many cases it will be
a good bet that even if an action was successful then there would not
be sufficient assets to be seized to cover the claim.

Compensation costs are contractual penalties between NR and TOCs and are
irrecoverable in tort from a third party


Ditto.

Or make the punishment fit the crime, and connect anyone convicted of
involvement in cable theft to a suitable cable. 11Kv would be good.

Rgds

Denis McMahon



Frank Erskine December 29th 11 08:33 AM

Metal Thefts Soar ...
 
On Thu, 29 Dec 2011 00:55:19 +0000, MB wrote:

On 28/12/2011 17:01, furnessvale wrote:
On Dec 28, 4:36 pm, Bevan wrote:

I would suggest that the law needs to be changed so that cable thieves
can be charged with "sabotage& endangering safety of rail passe ngers",
rather than theft, with severe minimum penalties specified by law, such
that some namby-pamby do-gooder could not reduce to a token level of
sentence. Dodgy scrap dealers should also face similarly severe charges
& penalties.

Bevan


No need for that. Theft carries a maximum penalty of 7 years,
handling even more. When did you see anyone, let alone these scroats,
get anywhere near these sorts of tariff.

As another poster said, the real beef is with the guidlines and the
dickhead who makes them.

George



I would like to see more creative use of charging like happens in the
USA. If there are a series of thefts then charge them with them all and
give them consecutive sentences. Add trespassing on railway property,
endangering passengers and not having a dog licence each with
consecutive sentences. In the UK they seem to chose one specimen charge
often not the most serious one then of course seven years means they
will only serve about three years. The newspapers play along with the
legal system with headlines like "metal thieves get twenty years" which
when you read them actually mean perhaps five people got sentences of up
to five years so will serve two years.

http://www.bbc.co.uk/news/uk-england-16352524

--
Frank Erskine

Ian[_2_] December 29th 11 09:07 AM

Metal Thefts Soar ...
 

"Bevan Price" wrote in message
...
On 28/12/2011 17:01, furnessvale wrote:
On Dec 28, 4:36 pm, Bevan wrote:

I would suggest that the law needs to be changed so that cable thieves
can be charged with "sabotage& endangering safety of rail passengers",
rather than theft, with severe minimum penalties specified by law, such
that some namby-pamby do-gooder could not reduce to a token level of
sentence. Dodgy scrap dealers should also face similarly severe charges
& penalties.

Bevan


No need for that. Theft carries a maximum penalty of 7 years,
handling even more. When did you see anyone, let alone these scroats,
get anywhere near these sorts of tariff.


Theft of raiway cable can result in the death penalty for the perpetrators.
:o)

--
Ian1



[email protected] December 29th 11 09:20 AM

Metal Thefts Soar ...
 
On Wed, 28 Dec 2011 06:30:47 -0800 (PST)
D1039 wrote:
Home secretary wants to boot out some asylum seeker who's commited murder=

? No
chance , because Sir Justice I'm-all-right-jack-in-my-country-retreat
****wit-Smyth will be along any minute to overturn it on appeal and pat
himself on the back at what a good little liberal he's been.

B2003


Remembering of course that the judiciary follow sentancing guidelines,
their deliberations on which are published and are subject to appeal
(inckuding in cases of leniency)

I suspect your beef is with the guidelines


There are no guidelines for that sort of thing and besides which there's a
world of difference between guidelines and rules. The judges just love to
take the human rights act to the extreme just to stick it to the politicians.
If these worthy fossils want the power of elected office they should stand
for it though I suspect they realise that no one would vote for them in a
million years so they try and aquire power through the back door.

B2003



furnessvale December 29th 11 10:03 AM

Metal Thefts Soar ...
 
On Dec 29, 10:07*am, "Ian" wrote:
"Bevan Price" wrote in message

...

On 28/12/2011 17:01, furnessvale wrote:
On Dec 28, 4:36 pm, Bevan *wrote:


I would suggest that the law needs to be changed so that cable thieves
can be charged with "sabotage& *endangering safety of rail passengers",
rather than theft, with severe minimum penalties specified by law, such
that some namby-pamby do-gooder could not reduce to a token level of
sentence. Dodgy scrap dealers should also face similarly severe charges
& *penalties.


Bevan


No need for that. *Theft carries a maximum penalty of 7 years,
handling even more. *When did you see anyone, let alone these scroats,
get anywhere near these sorts of tariff.


Theft of raiway cable can result in the death penalty for the perpetrators.
:o)

--
Ian1


IMO not nearly often enough (cue the bleeding hearts).

George

JJ December 29th 11 10:08 AM

Metal Thefts Soar ...
 


There are no guidelines for that sort of thing and besides which there's a
world of difference between guidelines and rules. The judges just love to
take the human rights act to the extreme just to stick it to the politicians.
If these worthy fossils want the power of elected office they should stand
for it though I suspect they realise that no one would vote for them in a
million years so they try and aquire power through the back door.

B2003


You write complete rubbish but if you think your views are
representative I think you should find a bigger audience and try
getting into elective politics.
But please do not pollute the atmosphere around here with your inane
opinions.

®i©ardo December 29th 11 10:26 AM

Metal Thefts Soar ...
 
On 29/12/2011 11:08, JJ wrote:


There are no guidelines for that sort of thing and besides which there's a
world of difference between guidelines and rules. The judges just love to
take the human rights act to the extreme just to stick it to the politicians.
If these worthy fossils want the power of elected office they should stand
for it though I suspect they realise that no one would vote for them in a
million years so they try and aquire power through the back door.

B2003


You write complete rubbish but if you think your views are
representative I think you should find a bigger audience and try
getting into elective politics.
But please do not pollute the atmosphere around here with your inane
opinions.


Said the judge...

--
Moving things in still pictures


SB December 29th 11 10:28 AM

Metal Thefts Soar ...
 
On Dec 29, 10:07*am, "Ian" wrote:
"Bevan Price" wrote in message

...

On 28/12/2011 17:01, furnessvale wrote:
On Dec 28, 4:36 pm, Bevan *wrote:


I would suggest that the law needs to be changed so that cable thieves
can be charged with "sabotage& *endangering safety of rail passengers",
rather than theft, with severe minimum penalties specified by law, such
that some namby-pamby do-gooder could not reduce to a token level of
sentence. Dodgy scrap dealers should also face similarly severe charges
& *penalties.


Bevan


No need for that. *Theft carries a maximum penalty of 7 years,
handling even more. *When did you see anyone, let alone these scroats,
get anywhere near these sorts of tariff.


Theft of raiway cable can result in the death penalty for the perpetrators.
:o)

--
Ian1


Yes - the great thing - which just about demonstrates the level of
intelligence of the pickey scrotes - is that some are electrocuted and
even killed when they try to steal live electrical cables. I mean
think of the overall intelligence of someone attacking an overhead
cable with a hack saw. The mind boggles. Electrocution and burns is
too good for them. SB

D1039 December 29th 11 10:47 AM

Metal Thefts Soar ...
 
On Dec 28, 2:28*pm, D1039 wrote:
On Dec 28, 2:18*pm, Denis McMahon wrote:





On Wed, 28 Dec 2011 03:11:34 -0800, furnessvale wrote:
Indeed! *Now all we need is government prepared to bring the law on
scrap metal out of the days of Dickens and into the 21st century and
courts prepared to believe the offence is worth more than the miniscule
scrap value the thief gets........but don't hold your breath.


Maybe it's about time BT and Network Rail started taking civil actions
against the thieves and the scrapyards for the consequential costs caused
by their actions.


A civil judgement for the compensation costs incurred by NR for a 6 hour
shutdown on the ECML would probably be enough to close the scrapyard that
paid for the signalling cable involved.


Rgds


Denis McMahon


Consequential losses are seldom recoverable in civil actions, as being
too remote.

Compensation costs are contractual penalties between NR and TOCs and
are irrecoverable in tort from a third party

Indeed it might not be possible to prove that the scrapyards 'knew or
ought to have known' the cable was stolen

I would have thought that Restitution Orders or Proceeds of Crime
orders against the proven perpetrators would be more likely to be
successful (in the later their assets are seized and they have to
demonstrate what proportion they can retain as coming from legitiate
means).

That assumes the proven perpetrators have any meaningful assets

Patrick- Hide quoted text -

- Show quoted text -


Excuse me replying to my own post, but a good example of Proceeds of
Crime seizures is shown (in the below link) by Holyhead border
officials (and so tenuously on thread for uk.railway!)

http://www.dailypost.co.uk/news/nort...5578-30026703/

Patrick

D1039 December 29th 11 11:03 AM

Metal Thefts Soar ...
 
On Dec 29, 12:55*am, MB wrote:
On 28/12/2011 17:01, furnessvale wrote:





On Dec 28, 4:36 pm, Bevan *wrote:


I would suggest that the law needs to be changed so that cable thieves
can be charged with "sabotage& *endangering safety of rail passe ngers",
rather than theft, with severe minimum penalties specified by law, such
that some namby-pamby do-gooder could not reduce to a token level of
sentence. Dodgy scrap dealers should also face similarly severe charges
& *penalties.


Bevan


No need for that. *Theft carries a maximum penalty of 7 years,
handling even more. *When did you see anyone, let alone these scroats,
get anywhere near these sorts of tariff.


As another poster said, the real beef is with the guidlines and the
dickhead who makes them.


George


I would like to see more creative use of charging like happens in the
USA. *If there are a series of thefts then charge them with them all and
give them consecutive sentences. *Add trespassing on railway property,
endangering passengers and not having a dog licence each with
consecutive sentences. *In the UK they seem to chose one specimen charge
often not the most serious one then of course seven years means they
will only serve about three years. *The newspapers play along with the
legal system with headlines like "metal thieves get twenty years" which
when you read them actually mean perhaps five people got sentences of up
to five years so will serve two years.- Hide quoted text -

- Show quoted text -


Defending solicitors may advise their clients to ask for offences to
be taken into consideration, reminding them that there are thresholds
at which higher sentences result. Often the offences to be taken into
consideration fall just short of the nest sentencing threshold - odd
that.



Re Consecutive and concurrent sentences:

"In the case of R v O'Brien and others [2006] EWCA Crim 1741,
(followed in R v O'Halloran [2006] EWCA 3148) the Court of Appeal
considered whether one sentence of imprisonment for public protection
could be ordered to run consecutively to another sentence of
imprisonment for public protection. The Court determined that while
not unlawful, it is undesirable to impose consecutive indeterminate
sentences or an indeterminate sentence consecutive to another period
of imprisonment".

More on http://www.cps.gov.uk/legal/s_to_u/s...offenders/#a18

Patrick

[email protected] December 29th 11 11:14 AM

Metal Thefts Soar ...
 
On Thu, 29 Dec 2011 03:08:18 -0800 (PST)
JJ wrote:
You write complete rubbish but if you think your views are
representative I think you should find a bigger audience and try
getting into elective politics.
But please do not pollute the atmosphere around here with your inane
opinions.


Oh dear, are only opinions you agree with tolerated here? What a good little
"liberal" you are. Award yourself a cub scouts right-on badge.

Don't like mine? Don't read them. Or better yet, shove your objections
up your arse and go **** yourself with them.

B2003


[email protected] December 29th 11 11:18 AM

Metal Thefts Soar ...
 
On Thu, 29 Dec 2011 03:28:43 -0800 (PST)
SB wrote:
Yes - the great thing - which just about demonstrates the level of
intelligence of the pickey scrotes - is that some are electrocuted and
even killed when they try to steal live electrical cables. I mean
think of the overall intelligence of someone attacking an overhead
cable with a hack saw. The mind boggles. Electrocution and burns is
too good for them. SB


Its rather comforting to know that natural selection still operates.

B2003


Bevan Price[_4_] December 29th 11 12:37 PM

Metal Thefts Soar ...
 
On 28/12/2011 20:01, Charles Ellson wrote:
On Wed, 28 Dec 2011 19:10:07 +0000, Bevan Price
wrote:

On 28/12/2011 17:01, furnessvale wrote:
On Dec 28, 4:36 pm, Bevan wrote:

I would suggest that the law needs to be changed so that cable thieves
can be charged with "sabotage& endangering safety of rail passengers",
rather than theft, with severe minimum penalties specified by law, such
that some namby-pamby do-gooder could not reduce to a token level of
sentence. Dodgy scrap dealers should also face similarly severe charges
& penalties.

Bevan

No need for that. Theft carries a maximum penalty of 7 years,
handling even more. When did you see anyone, let alone these scroats,
get anywhere near these sorts of tariff.


George



I think that plain "theft" is not severe enough. Something like wilful
sabotage deserves a lot more than 7 years to punish offenders and deter
others. More like 20 years minimum would be my suggestion.

"Section 33 Offences Against the Person Act 1861 - note the intent to
injure or endanger the safety of persons on railways must be present.
The offence carries, on conviction, [a maximum penalty of?**] life
imprisonment;"
[http://www.cps.gov.uk/legal/p_to_r/r...ort_offences/]

(**AFAIAA murder is the only offence for which only a life sentence is
available.)

The same maximum penalty applies in Scotland for the Common Law
offence of culpable and reckless conduct.

(And before anyone suggests you get less for murder, I think murderers
should get 100 years without remission. )

They all get "life" but not necessarily/usually in the form of
lifelong incarceration. The circumstances vary greatly between cases
and locking people up for ever is seldom appropriate.


That is a matter of personal opinion. I suspect that many millions would
disagree with you.

Bevan



D1039 December 29th 11 02:01 PM

Metal Thefts Soar ...
 
On Dec 28, 8:01*pm, Charles Ellson wrote:


(**AFAIAA murder is the only offence for which only a life sentence is
available.)



I think not.

From HMG: http://www.direct.gov.uk/en/YoungPeo...me/DG_10027693

"The maximum sentences for intent to supply drugs are... up to life in
prison or an unlimited fine (or both) for a Class A drug"

From HMG: http://www.justice.gov.uk/guidance/p...ender/life.htm

"The maximum sentence that can be awarded by the Courts for a number
of other types of offences, for example rape, manslaughter and arson
is life imprisonment".

Wikipedia incidentally lists all common law offences, rape, inflicting
GBH with intent, wounding with intent, treason, aggravated burglary,
criminal damage with intent to endanger life.

But not, yet, cable theft

Patrick


Patrick



Peter Masson[_2_] December 29th 11 03:35 PM

Metal Thefts Soar ...
 


"D1039" wrote in message
...
On Dec 28, 8:01 pm, Charles Ellson wrote:

(**AFAIAA murder is the only offence for which *only* a life sentence is
available.)

I think not.

From HMG:
http://www.direct.gov.uk/en/YoungPeo...me/DG_10027693

"The maximum sentences for intent to supply drugs are... up to life in
prison or an unlimited fine (or both) for a Class A drug"


See the word *only* in Charles's post. There are a range of offences for
which life imprisonment is available, but only murder for which a mandatory
life sentence must be imposed. It seems that a determinate sentence may even
be imposed for treason.

Peter





ian batten December 29th 11 03:54 PM

Metal Thefts Soar ...
 
On Dec 28, 2:30*pm, D1039 wrote:

Remembering of course that the judiciary follow sentancing guidelines,
their deliberations on which are published and are subject to appeal
(inckuding in cases of leniency)


Indeed, every time a survey is done in which people are asked what
they think is a suitable sentence for a particular crime and what they
think is the typical sentence for a particular crime, _both_ estimates
turn out to be less than the average sentence. People massively
underestimate both the rate of imprisonment and the length of prison
sentences. See for example http://goo.gl/VU7I2

ian

D1039 December 29th 11 04:22 PM

Metal Thefts Soar ...
 
On Dec 29, 4:35*pm, "Peter Masson" wrote:
"D1039" wrote in message

...
On Dec 28, 8:01 pm, Charles Ellson wrote:



(**AFAIAA murder is the only offence for which *only* a life sentence is
available.)


I think not.


From HMG:
http://www.direct.gov.uk/en/YoungPeo.../TypesOfCrime/...


"The maximum sentences for intent to supply drugs are... up to life in
prison or an unlimited fine (or both) for a Class A drug"


See the word *only* in Charles's post. There are a range of offences for
which life imprisonment is available, but only murder for which a mandatory
life sentence must be imposed. It seems that a determinate sentence may even
be imposed for treason.

Peter


Correct - apologies to you both

Patrick

ian batten December 29th 11 07:38 PM

Metal Thefts Soar ...
 
On Dec 28, 5:01*pm, furnessvale wrote:
When did you see anyone, let alone these scroats,
get anywhere near these sorts of tariff.


I don't have access to a complete set of sentencing outcomes. And
nor, I suspect, do you. The Daily Mail doesn't report all trials, you
know,

ian


All times are GMT. The time now is 09:57 PM.

Powered by vBulletin®
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.
Copyright ©2004-2006 LondonBanter.co.uk