Course
notes
Day 6
Revenue
Control
Inspector
2010
Operational Learning
Session Objectives:
• State what must be recorded when an interview takes place.
• Define the role of an appropriate adult.
• State the purpose of an interview.
• State key questions, which help to prove an offence.
• Demonstrate the use of effective questions in different situations helping to prove -
o Guilt or innocence
o Additional
dishonesty
• What laws and byelaws have been broken
• Explain the relevance of the PACE Act to the duties of an RCI.
• Describe the possible consequences of not following the codes of practice.
• Identify the changes to code C April 1995 and how these relate to the role of an RCI.
• Prepare your notebooks in accordance with rules as laid out in your reference manuals.
• State the meaning of the acronyms E.L.B.O.W.S and D.E.T.A.I.L.S
• Demonstrate the use of pocket notebooks in accordance with the rules as laid out in you manuals.
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
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Insert this symbol when there is a link to the valuing time behaviours
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
RCM - talk
Break
Objectives – Day 6
• State what must be recorded when an interview takes place.
• Define the role of an appropriate adult.
• State the purpose of an interview.
• State key questions, which help to prove an offence.
• Demonstrate the use of effective questions in different situations helping to prove -
o Guilt or innocence
o Additional
dishonesty
• What laws and byelaws have been broken
• Explain the relevance of the PACE Act to the duties of an RCI.
• Describe the possible consequences of not following the codes of practice.
• Identify the changes to code C April 1995 and how these relate to the role of an RCI.
• Prepare your notebooks in accordance with rules as laid out in your reference manuals.
• State the meaning of the acronyms E.L.B.O.W.S and D.E.T.A.I.L.S
• Demonstrate the use of pocket notebooks in accordance with the rules as laid out in you manuals
Law Quiz
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Which of the following is not an essential requirement to create a valid contract?
Intention to create legal obligation
A contract is a legally binding agreement between two or more persons. It is enforceable by law, it is creating
legal relations.
An express contract is to?
Buy a ticket before you travel
This is where a distinct offer is made by LU and accepted by the customer.
An implied contract means?
Passenger Operator Machines & Ticket Office are closed
LU implicitly accepts in the case of the Ticket Office being closed and the ticket machines being out of service,
the person is allowed to pay their fare on the train (to a RCI), or at there destination.
Name two branches of law?
Civil and Criminal Law
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What are Byelaws?
Delegated Legislation
The Railways Byelaws are a good example of how statutory law can be used where there is no practical use of
common law.
"Section 67(1) of the Transport Act, 1962" gave the London Transport Board the power to make Byelaws. This
type of procedure is known as Delegated Legislation. Byelaws are used for the purpose of running a business.
Every station on London Underground will have a copy of the Byelaw.
Which Byelaw allows an Authorised Person to remove or prevent an intoxicated person entering LU?
Byelaw 4
An authorised person is a person acting in the course of his/her duties, who is an employee, an agent or any
person authorised by the Operator.
Byelaw 6 deals with?
Unacceptable behaviour
BONUS QUESTION
You have 2 minutes to list all the Byelaws under section 6
• 6.1 No person shall use any threatening, abusive, obscene or offensive language.
• 6.2 No person shall behave in a disorderly, indecent or offensive manner
• 6.3 No person shall write, draw, paint or fix anything on the property Railway.
• 6.4 No person shall soil any part of the Railway
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• 6.5 No person shall damage or detach any property of the Railway
• 6.6 No person shall spit.
• 6.7 No person shall drop litter or dump waste.
• 6.8 No person shall molest or wilfully interfere with the comfort or convenience of any person on the Railway
A customer pushes through the gates. What Byelaw are they breaking?
Byelaw 9
Where the entrance to or exit from any platform or station via a automatic ticket barrier no person shall enter or
leave the station, except with the permission from an authorised person, without passing through the barrier in
the correct manner.
BONUS QUESTION
Byelaws You have 2 minutes to write as many as you can think of
Queuing
1 Potentially
dangerous
items
2 No
smoking
3 Intoxication
4 Unfit
5 Unacceptable
behaviour
6 Music, sound, advertising/carrying on trade
7 Unauthorised
gambling
8 Stations and railway premises
9 Trains
10 General safety
11 Safety instructions
12 Unauthorised access and loitering
13 Traffic signs, causing obstructions and parking
14 Pedestrian-only areas
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15 Control of animals
16 Compulsory ticket areas
17 Ticket less travel in non-compulsory ticket areas
18 Classes of accommodation, reserved seats and sleeping berths
19 Altering a ticket and use of altered tickets
20 Unauthorised buying or selling of tickets
21 Fares offences committed on behalf of another person
22 Name and address
23 Enforcement
24 Interpretation
25 Coming into operation of these Byelaws and revocation of previous Byelaws
27 Certificate of authenticity
In which year was the Regulations of Railway Act?
1889
RRA 1889 deals with public safety on the railway. It also requires customers to show their tickets and to pay a
penalty if travelling without a ticket.
It also gives Agents of the railway the power to request a name/address and make it an offence if these details
are not provided.
Section 5 of the RRA states every customer on request by an officer should deliver up a ticket showing
that their fare is paid.
Section 5 (3)a deals with?
Travelling without paying the fare
The intent is to avoid payment
Constituents – Travels or attempts to travel without fare being paid
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RRA 5 (3)b offence is to?
Travel beyond distance
The Intent is to avoid payment of additional fare.
Constituents – Over travels, extra fare not paid, intent to avoid payment
Section 5 (3)c deals with?
Giving a false name or address
The Intent is immaterial
Constituents – Fails to pay fare, Request name or address, false name/address
An adult buys a child ticket at the start of their journey and travels, what RRA have they broken?
Section 5 (3)a
The reason it is 5 (3)a is because the customer had the intent to avoid payment at the start of their journey.
Under the RRA if a customer brought a ticket with the intent to avoid payment, this ticket becomes NO ticket
A customer travels from East Acton to Mile End on a Zone 2 ticket. Which RRA has been broken?
Section 5 (3)b
The customer started their journey at Hammersmith (Zone 2) and then finished at Mile End (Zone 2) but travelled
through Zone 1 without paying
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Section 5 (1) deals with the Three Fails. What are they?
I.
Fails to produce a ticket,
II.
Fails to pay the fare
III.
Fails to give name or address
Under Section 5 2 powers of arrest are given to an officer of the Railway, when the offence is the Three Fails
Regulation of Railway Act 1889
• Section 5 (1) Three Fails
• Section 5 (2) Powers of arrest
• Section 5 (3)a Travel without paying fare
• Section 5 (3)b Travel beyond distance
• Section 5 (3)c Give a false name or address
Police and Criminal Evidence Act 1984 As a Revenue Control Inspector you will be required to stop and question customers and at times LUL will want
to take these customers to court.
For LUL to be able to do this effectively RCI’s must follow the Police and Criminal Evidence Act
Which of the following Codes in Section 66 are relevant to RCI’s?
Code C - Detention, treatment and questioning of persons by police officers
This is to ensure that all persons suspected of being involved in a crime are dealt with fairly in accordance with
the law.
Section 67 (9) of PACE states;
Persons other than police officers who are charged with the duty of investigating offenders or charging offenders
shall in the discharge of that duty have regard to any relevant provisions of such a code.
As an RCI’s you must work within these guidelines
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Where can you find a copy of the caution?
Section 66 Code C 10.5
You do not have to say anything but it may harm your defence if you do not mention when questioned something
which you later rely on in court. Anything you do say may be given in evidence
You are not under arrest, you are not obliged to remain with me Can be found where?
Section 66 Code C 10.2
When a person is not under arrest you must remind them of this.
Code of Practice C 10.8
A person is reminded that they are still under caution if there is a break
If you start to question a customer at a busy station or on a busy train and you then need to take a break for
whatever reason, as an RCI you must remind the customer that they are still under caution
Code of Practice C 10.13
A record shall be made when a caution is given under this section, either in the interviewer’s notebook or in the
interview record
In your notebooks the caution will look like this; C+2 1020 hrs
What is the correct definition of a juvenile in relation to revenue control?
over 16 to under 17
You are advised that it is not company policy to question juveniles, a person with a learning difficulty or with
disability. A name and address should be sought and alternative arrangements made for questioning
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Code of Practice C 10.12
If a juvenile or a person who is mentally disordered or otherwise mentally vulnerable is cautioned in the absence
of the appropriate adult, the caution MUST be repeated in the adult’s presence
What is the definition an appropriate adult?
A Parent, Teacher or a Carer
The Police And Criminal Evidence Act 1989 Section 66 Code of Practice C
• 10.5 Caution
• 10.2 Part 2 of caution
• 10.8 Re-caution
• 10.12 Questioning juveniles
• 10.13 Recording interview in notebook
Lunch
Interviewing
What is the purpose of an interview?
To establish the facts
The purpose of an interview is to obtain from the person being interviewed their explanation of an incident; it is
not necessarily to obtain an admission of guilt.
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Where may an RCI have to question customers?
• Stations
• Platforms
• Trains
•
RCI offices.
What items must we record when interviewing customers?
• Place of interview,
• time interview begins/ends
• reason for the interview,
• any breaks in the interview,
• name(s) of those present.
Where do we take the details of any interviews that we hold?
• In our notebooks or on form MG13 & MG13a
Before we start an interview what must we ensure?
• Firstly, it‘s the correct person.
• Secondly, we must caution them – we will cover this later.
Pocket Notebooks
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What is the purpose of a pocket notebook?
It allows you to make notes of an incident as it happens.
When questioning a customer, RCI’s must make notes in their note books at the same time, and not wait until the
customer leaves to write up their notes. This takes a lot of practice and needs an RCI to be able to write and
listen at the same time.
Where would you get a notebook?
DRCM
DRCMs issue notebooks to RCIs. An RCI is accountable for their own notebook.
How many notebooks should an RCI have working at any one time?
One
Although RCIs should only have one notebook at a time, when they are coming to the end of it, they should sign
out a new book. If you only have a page left, just line it off.
What happens if you have forgotten to obtain a new notebook and you come to the end of your existing book
whilst halfway through questioning a customer?
Write on any piece of paper
If at any time, notes do need to be made on other scraps of paper, these bits of paper must be kept as original
evidence. RCIs are advised to copy any notes made as soon as possible into the new book and staple the
original pieces of paper to the new notes.
What must we do when a notebook is completed and all pages are used?
Line off any spare pages and retain until all cases have been heard or the last case has expired by seven years.
If we now look at completing of a notebook, there are rules that you must follow when completing your pocket
notebook. Think
CIA (
Clear,
Intelligible and
Accurate).
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Erasures - all mistakes must have a single line put through and be initialled.
Leaves torn out - all pages are numbered and a court case or whole notebook could be made void if the numbers
do not run in sequence.
What should you do if a page gets ripped or torn out by mistake?
Staple it to the next page and make a note wherever possible.
Blank spaces - line through at the top and bottom of the page and at the end of each line.
Overwriting - if you make a mistake line it through.
Writing Between Lines - only one word per line do not squeeze in words.
Speech in direct context – what the customer says to you must be recorded as they have said it.
Filling out of your notebook What information not relating to the customer do you think an RCI should put in their
notebook?
• Time day and date
• place where you are questioning the customer
• the type of check
• a reference to the offence
•
Also take information relating to the situation. i.e. did they try to push through the barrier?
•
Where did they produce the tickets from?
• Did they turn back?
• Did they jump off the train?
• Details of ticket).
What details of the ticket should we take?
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• Ticket
Number,
• type
• zones
• price on ticket
• whether valid or not
• if a photocard is available, the number on it, expiry date, Issuing authority).
When reporting someone for a travel irregularity and a photocard is available, this photocard is to be kept as part
of the evidence as it is a good way to identify the offender in court if the offender denies it was them at the time of
the offence. RCIs must check the photo on the photocard ensuring it is a good likeness to the person committing
the offence.
This information can be entered at the top of your notebook ready for when you are questioning a customer. The
areas that you do not use just line off in accordance with ELBOWS.
What other customer information do we require?
•
Name
• address and verification
• occupation
• age
• date of birth,
• place of birth.
This is the minimum requirement, however, ask also for the following:
National Insurance number (soon to be introduced) the courts require this
Telephone number (mobile/landline)
Immigration document number
Note: Customers are not obliged to provide these details, but they CAN be requested
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When taking down these details RCIs are allowed to abbreviate the titles i.e. Date of birth is DOB occupation is
OCC. Any information that the customer gives must be written down exactly as given
Except universally accepted abbreviations such as AVE for avenue.
What types of verification are acceptable?
A recent letter or bill, passport, drivers’ licence
There have been a number of reported verifications that have turned out to be non-existent. Do not falsely verify.
It’s lazy and it could lead to the wrong person being prosecuted. The RCI involved in
the false verification will have to answer to the courts why false information has been presented to the courts,
which could lead to disciplinary action being taken by London Underground or even a conviction for the offence.
As the database used by NOC is based on electoral roll information, at certain times of the year, it may be out of
date.
RCIs must note down how the information was verified. A national insurance number or telephone (landline)
contact number may also be requested for additional verification. If a Utility bill is produced, note the company
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and account number. ID cards, note the organisation and any associated reference number. If it has a
photograph note if it was a true likeness.
•
Driving Licence – nationality, full/provisional. Is the picture a true likeness of person stopped, number of
licence
•
Utility bill – date of bill, name of company and a/c number
•
Bank statement – date of statement, name of bank
•
National identity card/passport – county of issue and passport number
•
NOC
•
Police – collar number and station
False Details Providing a false name and/or address will be served with another summons under RRA 1889 5 (3) (c)
Issue each delegate with a pocket notebook. It‘s now their responsibility if they hand their notebook to anyone, or
lose it as could happen out in the real environment.
BREAK
Questioning
“I knew six honest serving men they taught me all they knew their names were What and Where and When and
Why and How and Who”.
(Rudyard Kipling).
What do you think Kipling meant in this poem?
To get a full story the questions what, where, when, why, how and who are all you need.
As an RCI, questioning techniques are an integral skill you must strive to master. We will now look at the types of
questioning that we use to get a full story of any incident.
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What types of questions do we have?
•
Open - An open question is a question that is open-ended, allowing the person who is answering a number of
alternative answers, in this case any number of areas or stations.
Can someone give me an example of an open question?
Where have you travelled from?
•
Closed - A closed question is a question that leaves the question with only a choice of 2 replies, in this case
yes or no.
Can someone give me an example of a closed question?
Do you have a ticket?
•
Repeat - A repeat question is exactly what it says, a question that is repeated. You would usually use this for
clarification of the whole question.
Can someone give me an example of repeat questioning?
You want an example of repeat questioning?
•
Shadowing - Shadowing questions are used to clarify points within an answer. In the statement above it
would be used to identify the gates used.
Can someone give me an example of Shadowing questioning?
RCI says “how did you enter the station?” Customer says “via the gate”. Inspector says “the gates?” customer
says, “yes, the ones at the street entrance”.
•
Leading - A leading question is a question that leads the customer to an answer. In the case above there
may be choices of travelator, escalators, etc
Can someone give me an example of a leading question?
Did you use the stairs or the lifts?
•
Hanging. - A hanging question is a question that allows the person to carry on your question. In the case
above find out what happened when the person came in the gates.
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Can someone give me an example of a hanging question?
So you entered the station and.............
Task
Split into 3 groups – intent questions starting with Kipling’s words
•
Group 1 - What and Where
•
Group 2 - When and Why
•
Group 3 - How and Who.
Let delegates present back what they have come up with.
Break
TASK – The Freedom Pass The purpose of this exercise is to get you used to making entries into your notebook.
• Location – Victoria Station (Zone 1)
• Way Out gateline – Victoria Line
• Uniform
• SCU has been set up to monitor passes which require additional ID
• Time – now
Keep in mind the information that we have just learned. We do not expect you to ask all the right questions. We
will be covering questioning in our next section.
Role play – Trainer to come through ticket gates (and assume monitor flashes)
When asked hand a freedom pass to one delegate once one question next delegate will ask question relevant
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ensure everyone is involved in asking questions.
On completion of the exercise the trainer must briefly inspect the notebooks, pointing out any deficiencies in
completion.
Feedback notebook entries should have:
Before caution
Offence
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16:00
End of Day 6
• Read up on evidence
• Delegates to wear plain clothes for tomorrow (Do not give any guidance on what attire, they decide)!!
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Document Outline
