FIRST PROSECUTION IN NOTTINGHAM USING BUS & TRAM ‘SPIT KITS’

ANALYSIS of DNA in saliva led to the arrest of a man for spitting at a tram conductor – four months after the offence.

The case of Alan Harvey, 26, who was sentenced to 30 days in prison this week, is the first prosecution for common assault in Nottingham made possible by spittle collection kits used on NCT buses and NET trams.       

All 320 NCT buses and 15 NET trams have been equipped with spittle collection kits since 2007. The equipment – gloves, swabs and collection bags - enables crews to safely collect the saliva of anti-social passengers.

The unique DNA signature of the saliva can be analysed by Nottinghamshire Police’s forensic labs and used to identify assailants whose DNA is already recorded on the national DNA database.

This is exactly what happened in the case of Alan Harvey, of Clayfield Close, Bulwell, who pleaded guilty to common assault at Nottingham Magistrates Court on Monday (SEP 1).

The spitting incident happened as a NET tram was standing at the Forest stop on the afternoon of February 2.

Joey Kwong, prosecuting, said that a dispute arose over Harvey’s ticket when the conductor went to inspect it. When Harvey was asked to get off, he said: “I ain’t paying and I ain’t getting off.”

After telling the driver about the situation, the conductor heard a ‘snort’ behind him and felt spittle hit the back of his neck. But when he turned around, Harvey had got off the tram.

The conductor then took a sample of the saliva and it was the subsequent analysis of its DNA which identified Harvey. He was arrested four months after the incident.

Mr Kwong said that Harvey could not have been identified without the analysis since the conductor had had his back to him when he was spat at.

After the case, NET manager Helen Goulding said:  “We are delighted that the spit kits used to collect DNA evidence have resulted in a successful prosecution, and will use them in the future to prosecute any passenger who behaves in this way.

“It is not acceptable that our staff should have to tolerate such abuse, and we will continue to adopt a zero tolerance policy to ensure our trams are safe and pleasant mode of transport for all.”

Provision of  the ‘spit kits’ and arrangements for analysis by police forensic scientists were made possible by Respect for Transport, the on-going campaign to reduce real and perceived levels of crime and disorder on Nottingham’s public transport network. 

David Henson, defending in court, said that Harvey had not intended to spit at the conductor and in fact most of his saliva had hit the inside of the driver’s cab.

“This is not something he makes a habit of and he has no previous convictions for violence since his first court appearance in 1998,” he said.

Harvey was sentenced to 30 days in prison but spared having to pay costs or compensation because he is already on remand in custody for an unrelated matter.

The defendant had made a late change of plea to guilty to the spitting charge. The magistrates told Harvey they had reduced his sentence from 60 days to 30 days because of this.