[Shasown]

Here, think this article in the Record puts things into perspective you appear to have overlooked it in your search for more info on this story

Sheriff gives his legal view on the 'Big Man' train incident

Dec 15 2011 By Charles Gall

THE guy who intervenes is out of order because it’s really a matter between the ticket collector and the student.

The ticket collector would be within his rights to say to this chap, “Right, you’ll need to get off this train because your ticket has expired”.

I’m not in any doubt the ticket collector would be entitled to use reasonable force if this guy wasn’t prepared to go.

The collector, I’ve absolutely no doubt, would decide not to bother doing that because that’s the sensible thing to do.

These collectors, I am fairly certain, have a direct line to the British Transport Police. He has it within his powers to lock the doors of the train until the police arrive.

If, for example, the ticket collector had decided that he was going to try to get rid of this chap, and use reasonable force as a result, then our bold hero would still not be entitled to intervene until such time as the collector was assaulted.

In that event, any reasonable citizen would be entitled to take a step forward and say, “Look, sunshine, just cool it here”. That would be the approach.

There are all kinds of situations that would arise before one would think of actually just lifting the guy and throwing him off the train.

I suspect the ticket collector is probably under instruction not to use force at all, even “reasonable force”.

I can well understand if the investment banker is charged with assault. They would be entitled to charge the man if the student has complained.

http://www.dailyrecord.co.uk/news/sc...6908-23636128/

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