Course
notes
Day 8
Revenue
Control
Inspector
2010
Operational Learning
Session Objectives:
• Identify common factors for cases being withdrawn
• Identify detention as “arrest”
• State when and by whom an arrest may be carried out
• Describe the company’s policy on arrest
• Outline the potential pitfalls of arrest
• Demonstrate an awareness of the need to balance fraud prevention with the danger of unlawful arrest
• Define an assault
• State the constituents of i) Common assault, ii) Actual bodily harm, iii) Grievous bodily harm
• List four of the six reasons for an assault being justified
Materials needed:
• RCI Law Books
• Smith and Keenan's English Law
• RRA 1889 and Bylaws
• Case Studies folder byelaws/answers
• Police and criminal Evidence Act 1984
Group work
Flip chart work
Insert slide from presentation and place slide number underneath
Insert this symbol when there is a link to the valuing time behaviours
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Information for the trainer (cell coloured in grey)
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SESSION
SUMMARY
Time Session
Summary
09:00
10:15
10:30
13:30
14:45
15:00
16:00
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09:00
Case studies
Case Studies
Delegates to identify the RRA & Byelaws used.
Discuss with delegates the outcomes of their task providing feedback from the trainer’s case study book.
Session Objectives
• State the importance of quality statements
• Identify common factors for cases being withdrawn
• Identify detention as “arrest”
• State when and by whom an arrest may be carried out
• Describe the company’s policy on arrest
• Outline the potential pitfalls of arrest
• Demonstrate an awareness of the need to balance fraud prevention with the danger of unlawful arrest
• Define an assault
• State the constituents of i) Common assault, ii) Actual bodily harm, iii) Grievous bodily harm
• List four of the six reasons for an assault being justified
What is a statement?
A written report of an incident or situation.
A statement is a written record of a person's first hand knowledge of an incident.
What should a RCIs statement contain?
All the information that was noted in the notebook.
Trainer to run through the Standard guidelines with staff
emphasising • ensure that their statement truly reflects their notebook and contains time, date and station names which are
not abbreviated in a statement.
• You must ensure that everything is written in full. When putting a time it must be 12 hour format with a.m, p.m.
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Tasks/ Aids • When putting a station name the zone must be included, as the court may not know the zonal system. This will
help them understand the offence better and does not put you on the spot when giving evidence.
• When writing a report remember that you must make all points clear and factual. The best reports are set out
like a story.
The first part is the “scene setting”. This is where you state who you are, where you are, what you were doing, and
in cases where you may be using equipment, what equipment you were using and whether it was in working
order.
The second part is the main story, what happened, what was said by whom and when it was said.
All questions and answers should be in ‘I said’ or ‘he/she said’ format and any breaks in the interview must be
shown. The caution must be listed clearly and any reply the customer made must be included with the times.
The third part is the conclusion, how did it finish and what was the outcome. All reports that you write should finish
“I then read my notes back to Mr .......... “who agreed they were a true record and endorsed my notebook with his
signature. You should then list where the customer went i.e. “I then showed Mr ... out of the station” or”Mr.......
continued his journey to ..................”
Who will read our reports?
• BTP
• DRCM’s
• Courts
• Defence
lawyers).
Your reports are read by many outside parties so avoid jargon or railway slang and when referring to a customer
use their name.
Remember your report is used as a guide to the Prosecution as well as the defence they will decide what
questions they will ask you, it is also imperative that reports are clear and factual.
LU use a system called RevCon to produce files and cover pages for an RCI’s report
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• All of the reports must have the signature of the person writing the report. This goes at the bottom where it
states signature.
• The witness signature is for a person who knows you and sees you sign. They are not signing to state they are
a witness to the incident.
• When this is done it is important that you fill out the areas at the top of the page. This is where you swear that
the statement is true, note when you sign this because if you have put anything in your statement that is not
correct you could find yourself arrested for perjury.
• Finally, ensure the customer’s name is on the top of the form,
Regina V customer name.
BREAK
Task
• Send half of delegates to 1st floor soft seating area
o Brief delegates that they are RCIs (confirm location etc..)
• Other delegates are customers give them a ticket/oyster
o Customers be co-operative but not too much ie:admit pass/ticket is not theirs
• Once completed check notebook entry
• swap
over
What is Arrest?
Arrest is a restraint of a man’s person, obliging him to be obedient to the law.
What is Detain?
The removal of one’s liberty
Arrest and detainment are the same things, Arrest is detention and detention is arrest as far as LU is concerned.
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ROLE PLAY
Trainer to ask a member of the group to play the part of an RCl who is working on a way out barrier. A customer
(played by the trainer) approaches from the direction of the trains and attempts to exit without producing a ticket
(try to ensure that the exit, which the RCl is manning, is relatively narrow).
In using this exercise the trainer should try to identify the delegate most likely to attempt to physically stop the
customer exiting the station as the RCI in the role-play.
Discuss what has happened with the group ensuring that the following points are covered:
•
Preventing a person leaving is arrest. If the person does not believe he can leave that may be construed
as arrest.
• It is not necessary to prove that a person was physically held for a detention to have taken place.
Requesting a person to remain or inviting them to an office to answer questions is detaining him/her if the
person is not aware that (s) he is free to go.
What is an “Assault”?
An attempt by force or threat of violence to do bodily injury to another.
For a person to be assaulted it does not necessarily need to be physical i.e. If the person believes that force is
about to be used against them.
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Common Assault is a
summary (not arrestable) offence and proceedings for this offence may be instituted by
anyone. However, when victims of assault are in imminent danger of further violence, it may be necessary for a
police officer to arrest for a breach of the peace.
Racially or religiously aggravated assault
This offence is created by section 29(1)(c) of the Crime and Disorder Act 1998 (c.37). If an assault is prosecuted
as being racially or religiously aggravated, then it is triable either way and the maximum penalty in this case is up
to two years' imprisonment, or a fine, or both.
Are all assaults unlawful?
No
There are a number of circumstances laid down in law where assault is legally justified.
Lawful correction
Self defence
Defence of another
Defence of property
During lawful arrest
With consent during a recognised sporting event.
Reasonable force should be used in all these circumstances or a person could find him/her self being prosecuted
for assault. Also note that the Act states that it may be lawful assault during a recognised sporting event with
consent. The Act does not state that a person can give permission for harm to him/herself in any other cases.
The self defence provisions from the Criminal Justice and Immigration Act 2008
As long as they use no more force than absolutely necessary, people should have confidence that the law will
support them, so long as:
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• they acted instinctively
• they feared for their safety or that of others, and acted based on their perception of the threat faced and the
scale of that threat
• they acted to effect a lawful arrest or to prevent the escape of a person lawfully detained, and
• the level of force used was not excessive or disproportionate in the circumstances as they viewed them
Examples of householders or victims not being prosecuted include:
• Robbery at a newsagent's. One of the two robbers died after being stabbed by the newsagent. The CPS did
not prosecute the newsagent but prosecuted the surviving robber who was jailed for six years
• a householder returned home to find a burglar in his home. There was a struggle during which the burglar hit
his head on the driveway and later died. No prosecution of householder who was clearly acting in self-
defence
• armed robbers threatened a pub landlord and barmaid with extreme violence. The barmaid escaped, fetched
her employer's shotgun and shot at least one of the intruders. Barmaid not prosecuted
• two burglars entered a house armed with a knife and threatened a woman. Her husband overcame one of the
burglars and stabbed him. The burglar died. There was no prosecution of the householder but the remaining
burglar was convicted
• a middle aged female took a baseball bat off a burglar and hit him over the head, fracturing his skull. The
burglar made a complaint but the CPS refused to prosecute.
Examples where prosecutions for excessive use of force
Did result include:
• a man laid in wait for a burglar on commercial premises, caught him, tied him up, beat him, threw him into a
pit and set fire to him
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• a number of people trespassed on private land to go night-time fishing. They were approached by a man
with a shotgun who threatened to shoot them. They ran away but one of the men was shot in the back with
a mass of 40 shotgun pellets
• a householder lay in wait for a burglar who tried to burgle his shed. The householder shot him in the back.
Lunch
Managing Challenging Behaviour
Objectives
• To provide delegates with increased choices in skills, knowledge and behaviour to help them deal effectively
with potential conflict situations
• Recognise the non-physical and physical signs of conflict and using the appropriate response
• to draw on the experience of the delegates, in order to provide further insight into the art of effective
communication
Mention TEAM.....Introduce the integrated approach.
Does LUL have an integrated approach?
A ‘programme’ for the whole business rather than a course for frontline staff.
Preparation – B4
(prepare for incidents)
Response – DURING (Safe and calm resolution of incidents)
Aftermath – AFTER (Care following incidents)
Task 1 (3 teams – names)
Explain categories
Group 1
- SDU
Group 2
- Local team
Group 3 - Individual RCI
Feedback
and
park
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Summarise
Preparation – Response – Aftermath.
This will be the structure of the course from now on.
Preparation
List individually the key ‘behaviours’ of an RCI that could place them at risk
Brainstorm one response from each delegate
Stress and personal safety.
Is stress a threat to personal safety?
Task 2
Group 1
- How does stress make you feel?
Group 2
- How does stress affect your behaviour?
Group 3
- How might stress affect your ability to perform your duties as a RCI?
Open discussion.
How could you tell if one of your team members was suffering from stress and what could you do?
How do you relieve stress? Listen to music etc.
Location & Personal safety
What personal safety considerations do you need to make at work in relation to working -
Task 3 Group 1
- on the barrier
Group 2
- on a platform/interchange
Group 3
- on at train
Who is responsible for your personal safety?
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Speak about Duty of Care (HASAWA), dual responsibility and Workplace Risk assessment
Communication
Task 4
What percentage of communication is verbal, non-verbal vocal & non-verbal body language? (Tut, mmm, nodding)
Discuss -Most communication is made before you start talking, learn how to read the signs and recognising the
triggers
Task 5
Split class into three teams and ask them to list -
Group 1 – Verbal signs of conflict?
Group 2 – Non-verbal vocal signs of conflict?
Group 3 – Non -verbal, body language signs of conflict?
What
winds
you
up?
Individuals.
Review individual answers.
Identify difference between ‘responding’ and ‘reacting’ and the outcome of a situation
Response
Physical distance and personal safety.
Discuss and physically show the 3 principal distances –
Observable – Observe the aggressor without putting yourself at risk
Negotiated – Distance at which you could safely have a conversation without encroaching space
Striking – Aggressor can strike straightaway
Recognising behaviours: assertive - aggressive – passive.
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Task 6
Assertiveness questionnaire – Give to each delegate (Score each delegate and record result and take papers
away and ask delegates to repeat at end of course)
Keeping calm in a tense situation
How would you keep calm yourself? Brainstorm one response from each delegate
How would you calm someone else down? Discuss
Legal framework -Verbal and physical assault
Self Defence and reasonable force
Aftermath
Show ‘You’re not on your own’ video
Hand out booklets for further information
Discuss the Triangle of Violence
16:00
End of Day 8
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Tasks/ Aids
• Read up on Criminal Procedures and Investigations Act 1996
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