A cross‑industry working group involving Scotland’s rail operators, unions, police and government has delivered a suite of 11 recommendations designed to strengthen enforcement powers and improve safety for passengers and staff across the network.
The Rail Enforcement Powers Working Group—bringing together ScotRail, British Transport Police (BTP), Scottish Rail Holdings (SRH), Network Rail, RMT, ASLEF, TSSA, Unite and the Crown Office—has now submitted its final report to Scottish Ministers. The Group states clearly that “All passengers and staff who travel on Scotland’s railway have a right to feel and be safe.”
The Working Group was instructed by the Cabinet Secretary for Transport to map and assess police enforcement powers, identify gaps, and propose ways to toughen responses to antisocial behaviour. Over five meetings, members examined issues from Fixed Penalty Notices (FPNs) to youth justice and legal protections for rail workers.
A More Robust Enforcement Framework
One of the most immediate actions already agreed was the lifting of ScotRail’s pandemic‑era blanket alcohol ban. The Group recommended “Lifting the blanket ban on alcohol on ScotRail trains and introducing new restrictions from 2 June 2025 (Actioned).” This forms part of a wider package aimed at targeting behaviour rather than imposing network‑wide prohibitions.
BTP raised concerns about outdated penalty tools. They emphasised that while officers can issue a Verbal Discretionary Warning, this is recorded only internally and does not form part of an offender’s wider criminal history—limiting its impact. The Group reports BTP’s desire for VDWs to be incorporated into Scotland’s Recorded Police Warning (RPW) framework, with more offences eligible for Fixed Penalty Notices.
The Group also heard that the current £40 FPN level—unchanged since 2004—no longer acts as a deterrent. This led to proposed Recommendation 2: “Raise the fine level of a Fixed Penalty Notice.”
Recommendation 3 calls for a significant widening of offences covered by RPWs and FPNs, including breaches of the Railway Byelaws, railway trespass, threatening behaviour, and low‑level travel fraud.
‘Railway Banning Orders’ Backed by Unions and Operators
Trade unions pressed strongly for stronger sanctions against repeat offenders, particularly those who abuse or assault staff. The report notes that courts are often reluctant to restrict access to essential public transport unless the offending is serious and repeated. As a result, the Group is recommending exploration of a bespoke ‘Railway Banning Order.’
Recommendation 4 proposes “primary legislation to create a ‘Railway Banning Order.’” The Group also proposes enabling Scottish Rail Holdings to apply for ASBOs, and strengthening local‑authority partnerships to ensure ScotRail can initiate ASBO processes more effectively.
Types of behaviour that could trigger such orders include repeat antisocial behaviour, assaults on railway workers, endangering train safety, sexual offences on railway property, theft, and interference with safety equipment.
Growing Calls for Statutory Protections for Staff
Rail unions reported deeply concerning frontline experiences. As the report notes, staff have faced incidents ranging from verbal abuse and vandalism to being threatened with knives—and even a fatal stabbing. Although BTP stresses that rail travel remains safe, with “around 15 crimes recorded per million passenger journeys”, the Group concluded that stronger protections are needed.
Recommendation 7 urges exploration of new statutory offences, acknowledging parallel legislation in England and Wales and previous attempts in Scotland. The Group highlighted that protections similar to the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021 could be expanded to include transport workers.
Youth Justice: Focus on Prevention, Not Criminalisation
A recurring theme across the meetings was the challenge of addressing youth‑related antisocial behaviour. Many enforcement tools, including FPNs and banning orders, cannot be applied to under‑16s. The Group therefore examined preventative measures, working with the Scottish Government’s youth justice teams.
ScotRail’s Travel Safe Team plays a key role here, particularly through engagement in schools and participation in Police‑Ambulance‑Fire Service diversion schemes. The Group suggests expanding this model across Scotland, supported by Recommendation 9: “Using data and intelligence, identify opportunities to expand future coverage of ScotRail’s Travel Safe Team to other regions in Scotland.”
As part of Recommendation 8, the Group urges greater emphasis on education programmes for both young people and adults, to encourage restorative justice and reduce criminalisation.
A separate concern raised repeatedly was falling BTP capacity in Scotland. Recommendation 10 calls for continued pressure on the UK Government “to prevent further reductions to British Transport Police numbers and office closures in Scotland.”
Refreshing Railway Byelaws
The Group believes that the national Railway Byelaws—reserved to the UK Government—require updating to reflect emerging patterns of antisocial behaviour. Recommendation 11 proposes reviewing and strengthening rules on alcohol, enforcement processes, and potential devolution of enforcement powers to trained ScotRail staff.
Suggested changes include:
- stronger alcohol rules mirroring Merseyrail,
- adding “Withheld Implied Permission” elements to underpin rail‑specific banning orders, and
- enabling ScotRail employees to issue FPNs for certain breaches.
A Unified Industry Voice
What stands out in the report is the unanimity across all partners—operators, unions, police, and government—about the scale of the issue and the need for change. The Group states that “The recommendations represent the independent nature of the Group and have been agreed by the external members.”
With the report now sitting with Scottish Ministers, Transport Scotland and the Scottish Government will jointly assess the feasibility of each recommendation ahead of implementation planning.
For Scottish rail staff and management, the proposals signal a significant shift: tougher sanctions for offenders, stronger protections for workers, and a renewed emphasis on prevention—backed by industry‑wide commitment.
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