Fare evasion Please HELP!!

[Old-CodJA]

Value of the monthly pass was £68.00 and now i could face going to prison? and a £1000? for a first offence??

 

This is an 'altered ticket', it is not a forgery.

 

It is extremely unlikely in my long experience to see the Forgery & Counterfieting legislation used to pursue this matter. I have been involved in prosecutions management for a very long time and pursuance of such a charge usually involves the manufacture and sale, or use, of sophisticated faked tickets. I have just been involved in the investigation of such a case, which is on-going and has lead to a number of arrests. If a charge under these legislations, whereby the defendant can elect for trial by jury, or by Magistrates are alleged, it will not be the TOC in-house prosecutors who will pursue the matter. It will almost certainly be pursued by BTP & CPS.

 

There are encouragements to pursue other charges in very serious cases, but is worth reading the Home Office guidelines to CPS Prosecutors in respect of these offences to put some perspective in the matter. (Copied below)

 

Fare Evasion

 

This is the principal form of dishonesty to affect public transport. The fact that it is widespread is a relevant public interest factor. Remember also the general principles covering prosecution for all offences of dishonesty.

 

The Law

Railway Offences

 

Such offences will involve using a variety of statutory offences dating back to the 1840s. The Regulation of Railways Acts 1840-1873: "railway" extends to all railways constructed under the powers of any Act of Parliament and intended for the conveyance of passengers in or upon carriages drawn or impelled by the power of steam or by any other mechanical power; and the word "company" included the proprietors for the time being of any such railway (section 21 Railway Regulation Act 1840).

References in sections 54-57 of the British Transport Commission Act 1949 shall include references to any successor of the British Railways Board.

 

Fare Evasion

 

You will often have a choice between specific legislation relating to the form of transport, and proceedings under the Theft Act 1978, or Forgery and Counterfeiting Act 1981. See the Fraud Act 2006 and Forgery and Counterfeiting elsewhere in the Legal Guidance.

 

 

Section 5 Regulation of Railways Act 1889 (Stones 7-7043) is usually used for offences of fare evasion on the railways for:

• travelling/attempting to travel on a railway without having previously paid the fare and with intent to avoid payment thereof; or
  
• having paid the fare for a certain distance, knowingly and wilfully proceeding by train beyond that distance without previously paying the additional fare for the additional distance and with intent to avoid payment thereof or
  
• having failed to pay the fare, giving in reply to a request from an officer of a railway company a false name and address.
  

Section 103(a) Railway Clauses Consolidation Act 1845 (Stones 7-7001) covers a person refusing to quit a carriage on arrival at the point to which he has paid his fare.

Both section 5 and section 103(a) are summary only offences. "Intent to avoid payment" in section 5 does not mean a dishonest intent, but an intent to avoid payment of the sum actually due. There are provisions in bye-laws which cover fare evasion, but in the vast majority of cases it will be appropriate to use the section 5 offence. Consider using the provisions of the Fraud Act 2006, where there is evidence of premeditation, or persistence, or repeat offending, or large loss by the transport authority. Where tickets have been altered or defaced consider a charge under the Forgery and Counterfeiting Act 1981.

 

 

A single example of a one-off alteration will normally be considered unsuitable for the 'either / or" route unless it is a high value forgery. It is not beyond the realms of possibility that the TOC could refer the matter up for such a charge to be Summonsed, but the standard of proof required and risk/cost analysis usually sees it pursued as a Section 5 matter.

 

Anyway, back to the case in hand. You are not going to prison on conviction of a first offence of 'altering a rail ticket'. It goes without saying that the TOCs will take a very hard line on such matters, but the prosecutor must give consideration to all of the factors relevant to the code of practice.

 

In my experience, the most likely charge is that you "did travel without previously paying the fare due and did tender an altered rail ticket with intent to avoid payment of the fare due" contrary S.5.3.a of the Regulation of Railways Act 1889 (RoRA). This carries a maximum penalty of a (Level 3) fine of up to £1000, or, in the case of a second or subsequent offence, a term of imprisonment not exceeding three months.

 

Alternatively, you may be charged with a breach of National Railway Byelaw 20.1 (2005) that you "did alter a rail ticket with intent that the company be defrauded of the correct fare due". This again carries a penalty on conviction of a maximum fine of £1000. It is a non-recordable, strict liability matter and although the fine level is the same, the Magistrates are guided to impose a lower banded fine because it is not necessary for the prosecutor to prove intent, although from the charge itself, that may be evident.

 

In my experience, the TOC will normally go for the more serious RoRA offence in cases such as this.

Edited June 26, 2012 by Old-CodJA

[ssd01]

This is an 'altered ticket', it is not a forgery.

 

It is extremely unlikely in my long experience to see the Forgery & Counterfieting legislation used to pursue this matter. I have been involved in prosecutions management for a very long time and pursuance of such a charge usually involves the manufacture and sale, or use, of sophisticated faked tickets. I have just been involved in the investigation of such a case, which is on-going and has lead to a number of arrests. If a charge under these legislations, whereby the defendant can ellect for trial by jury, or by Magistrates are alleged, it will not be the TOC in-house prosecutors who will pursue the matter. It will almost certainly be pursued by BTP & CPS.

 

There are encouragements to pursue other charges in very serious cases, but is worth reading the Home Office guidelines to CPS Prosecutors in respect of these offences to put some perspective in the matter.

 

Anyway, back to the case in hand. You are not going to prison on conviction of a first offence of 'altering a rail ticket'. It goes without saying that the TOCs will take a very hard line on such matters, but the prosecutor must give consideration to all of the factors relevant to the code of practice.

 

In my experience, the most likely charge is that you "did travel without previously paying the fare due and did tender an altered rail ticket with intent to avoid payment of the fare due" contrary S.5.3.a of the Regulation of Railways Act 1889 (RoRA). This carries a maximum penalty of a (Level 3) fine of up to £1000, or, in the case of a second or subsequent offence, a term of imprisonment not exceeding three months.

 

Alternatively, you may be charged with a breach of National Railway Byelaw 20.1 (2005) that you "did alter a rail ticket with intent that the company be defrauded of the correct fare due". This again carries a penalty on conviction of a maximum fine of £1000. It is a non-recordable, strict liability matter and although the fine level is the same, the Magistrates are guided to impose a lower level fine because it is not necessary for the prosecutor to prove intent, although from the charge itself, that may be evident.

 

In my experience, the TOC will normally go for the more serious RoRA offence in cases such as this.

 

 

Are you trying to say that I could be fined up to £1000? well thats understandable however when i asked the RPO who caught me and took my details, and cautioned me he detailed that i wouldnt get a fine of up to £1000 i changed the rail pass myself last minute i know silly thing to do but I HAVAE NO PREVIOUS OFFENCE I HAVE NEVER COMMITTED ANY OFFENCES IN MY LIFE THIS WAS A MAD ONE OF MOMENT

 

i did admit guilt and have been informed by various london midland RPO's that the fine could be up to £300 and would be further going ahead to court if i do not coperate?

 

I have just been more worried since yesterday when one individual on the forum said london midland follow the forgery act 1981 etc

[Old-CodJA]

Are you trying to say that I could be fined up to £1000? well thats understandable however when i asked the RPO who caught me and took my details, and cautioned me he detailed that i wouldnt get a fine of up to £1000 i changed the rail pass myself last minute i know silly thing to do but I HAVAE NO PREVIOUS OFFENCE I HAVE NEVER COMMITTED ANY OFFENCES IN MY LIFE THIS WAS A MAD ONE OF MOMENT

 

i did admit guilt and have been informed by various london midland RPO's that the fine could be up to £300 and would be further going ahead to court if i do not coperate?

 

I have just been more worried since yesterday when one individual on the forum said london midland follow the forgery act 1981 etc

 

An RPO submits a report, but does not have authority to decide whether, or not, the TOC will proceed to prosecution let alone make decisions as to how much a Magistrate, or District Judge might impose as a fine.

 

The company MAY have a policy of allowing first offenders an opportunity to deal with matters by 'alternative disposal', but that will be subject to agreement with the prosecutors' office and is entirely at their discretion. I have to say that altering a ticket in this way does show an element of pre-meditation and is very likely to lead to a Summons, but it is always worth responding to the letter that you will receive with a written apology and request to be allowed to pay all of their costs and fares avoided to dispose of the matter.

 

The offence cannot be trivialised as I'm sure that you will realise and I would not hold out any great hope of that being successful in cases such as this, but with the certainty of prosecution otherwise, I guess you have nothing to lose.

 

If you are prosecuted, the maximum fine level is pre-determined and the Magistrates have discretion to impose a lower fine on conviction if they consider it appropriate. If convicted of the S.5.3.a RoRA offence and with no previous convictions, they will allow some credit for an early guilty plea.

 

The fine on conviction of a first offence is likely to be equal to the average weekly wage (assessed at £400) plus prosecution costs (probably £150 - £200), plus compensation of the fare (£68.00 or the single fare on the day) and a £15 victim surcharge imposed by the government on all people who are fined by Magistrates for such offences. The Court can impose a higher fine (up to the maximum) if the Magistrates believe there are aggravating factors.

 

The best thing you can do is try to stop worrying about unnecessary fears until you have received a verification letter from the TOC and know what they intend to do. When you get that letter come back and tell us what it says..

Edited June 26, 2012 by Old-CodJA

[ssd01]

I do get what your say and thanks for the advice Old Codja I have just been concerned that I dont want to be tried if tried under the forgery act as mentioned earlier, and I certainly want to avoid the criminal record and court if at allThe RPO did say i would receive a letter to which I would have to reply back within a certain timeI just want to pay the administration fees and keep my name clean thats allThe waiting for the letter is the hard part.

[ssd01]

I am still awaiting the letter still very worried but i just want to know whats the likely hood London Midland will settle out of court and what can I do to not get a criminal record? appreciate the advise thanks again

[BazzaS]

I am still awaiting the letter still very worried but i just want to know whats the likely hood London Midland will settle out of court and what can I do to not get a criminal record? appreciate the advise thanks again

 

You've had excellent advice to wait for the letter and then post again with the details.

 

It is clear you are very anxious, but unless you are asking a new question, or have some new information that might change the advice that has been offered ... are you expecting new advice?

[honeybee13]

Hello again.

 

I have to agree with BazzaS, I think you've had all the opinions. Only the prosecutor in question can decide whether you settle out of court or not and all we can do is guess, which is what the RPOs you've spoken to are doing as well.

 

I think I'm right in saying that being allowed to settle out of court is how you don't get a criminal record, or convincing the magistrates that you're innocent if it goes to court.

 

Sadly, all we can advise people in your position is to await the letter.

 

My best, HB

Edited June 27, 2012 by honeybee13
typo.

[Old-CodJA]

I do get what your say and thanks for the advice Old Codja I have just been concerned that I dont want to be tried if tried under the forgery act as mentioned earlier, and I certainly want to avoid the criminal record and court if at allThe RPO did say i would receive a letter to which I would have to reply back within a certain timeI just want to pay the administration fees and keep my name clean thats allThe waiting for the letter is the hard part.

 

I'll be perfectly honest and say that I think the likelihood of you being charged with an offence under the Forgery & Counterfieting Act is very, very unlikely. I'll happily apologise if I'm wrong and will also happily donate £100 to a Charity of your choice if a charge under that legislation is successful.

 

However, it is likely that you will be charged with 'intent to avoid a fare'.

 

You may be fortunate in that LM may allow an opportunity to settle before Court action, but I think the best suggestion that I can make is that you must wait until you receive a letter from them so that you can be sure of quoting the correct case reference (this can take 6 weeks or more at busy times) and then reply promptly and honestly, asking if you can be allowed to make payment of all their costs and fares due to settle this without Court action.

 

Whilst the TOCs are less likely to settle in cases where clear pre-meditation such as altering an expired ticket is evident, you have nothing to lose by asking.

[colony]

I would try to forget about it now. Wait for the letter (it could be MONTHS!) then throw yourself down on their mercy, saying you are sorry and you will never do it again. And again wait. Worrying and trying to second guess them wont help. You will be fine! Chin up!

[Grotesque]

I'll happily apologise if I'm wrong and will also happily donate £100 to a Charity of your choice

 

BLIMEY!!! -a whole hours' wages???

[ssd01]

I just hope I can settle out of court i think its a 50/50 chance for this :S

[ssd01]

Also thanks for all the replies the £100 donation to charity thats the least scenario I would want to be in!!

[Old-CodJA]

BLIMEY!!! -a whole hours' wages???

 

:-) Lol! Good to see you still have a great sense of humour G.

 

( Musn't be too generous, it isn't good for the image.)

[ssd01]

Old Codja and every1 thanks for the advice I just hope I can settle this silly issue out of court I dont want to go to court nor do i want a criminal record

[honeybee13]

Hello again.

 

Well, once the letter arrives, you can come back here and we'll help you some more.

 

My best, HB

[ssd01]

I'll be perfectly honest and say that I think the likelihood of you being charged with an offence under the Forgery & Counterfieting Act is very, very unlikely. I'll happily apologise if I'm wrong and will also happily donate £100 to a Charity of your choice if a charge under that legislation is successful.

 

However, it is likely that you will be charged with 'intent to avoid a fare'.

 

You may be fortunate in that LM may allow an opportunity to settle before Court action, but I think the best suggestion that I can make is that you must wait until you receive a letter from them so that you can be sure of quoting the correct case reference (this can take 6 weeks or more at busy times) and then reply promptly and honestly, asking if you can be allowed to make payment of all their costs and fares due to settle this without Court action.

 

Whilst the TOCs are less likely to settle in cases where clear pre-meditation such as altering an expired ticket is evident, you have nothing to lose by asking.

 

Do you know anything about london midland could they possibly use the Forgery act I mean what is the most likely they will do to punish me? I know I hve to wait for the letter should I say I am guilty on that and ask for out of court settlement through that letter?Thanks again for all the advise greatly appreciated to all./

[BazzaS]

Do you know anything about london midland could they possibly use the Forgery act I mean what is the most likely they will do to punish me? I know I hve to wait for the letter should I say I am guilty on that and ask for out of court settlement through that letter?Thanks again for all the advise greatly appreciated to all./

 

You say you know you have to wait for the letter.

 

The answers to your questions will depend on what that letter says.

 

The majority of advice you can receive subsequent to the advice you've already had will be mere conjecture, until you can tell us what the letter says.

[ssd01]

One more query if I am convicted :S how long will this be on my criminal record - is there any chance that I can avoid a criminal record even if I am prosecuted??Thanks again

[iambilly]

One more query if I am convicted :S how long will this be on my criminal record - is there any chance that I can avoid a criminal record even if I am prosecuted??Thanks again

 

Criminal records stay forever, even a 'spent' criminal record will come up in advanced crb checks.

 

I face the same problem I am in court this week

[Grotesque]

One more query if I am convicted :S how long will this be on my criminal record - is there any chance that I can avoid a criminal record even if I am prosecuted??Thanks again

 

YES -if you are prosecuted and found 'Not guilty' or the case is dropped;

NO -if you are prosecuted and found 'Guilty'.

[ssd01]

Criminal records stay forever, even a 'spent' criminal record will come up in advanced crb checks.

 

I face the same problem I am in court this week

 

what did u do something as bad as me and was it with london midland? did u offer an out of court settlement?

[iambilly]

what did u do something as bad as me and was it with london midland? did u offer an out of court settlement?

 

I used my sister's freedom pass. The ticket inspector guy said it wouldn't go any further it was just a warning, fast forward 5 months and I am in court this Thursday.

 

I telephoned and emailed them around 10 times trying to settle out of court I even offered them £1000 compared to my £100 - £200 fine I will get going to court. I had no luck.

 

I saw my barrister yesterday and he said the only thing left to do is plead guilty. He helped me write a good letter that I will hand to the magistrate in court which explain that I am generally a good person and don't deserve a crimbo record.

 

The barrister said it is like 90% I will get a conviction which would be devastation as I'm only 19and want to work with kids primary school teacher so will ruin my life basically.

[ssd01]

I used my sister's freedom pass. The ticket inspector guy said it wouldn't go any further it was just a warning, fast forward 5 months and I am in court this Thursday.

 

I telephoned and emailed them around 10 times trying to settle out of court I even offered them £1000 compared to my £100 - £200 fine I will get going to court. I had no luck.

 

I saw my barrister yesterday and he said the only thing left to do is plead guilty. He helped me write a good letter that I will hand to the magistrate in court which explain that I am generally a good person and don't deserve a crimbo record.

 

The barrister said it is like 90% I will get a conviction which would be devastation as I'm only 19and want to work with kids primary school teacher so will ruin my life basically.

 

Hmmm if you read my post think u get my story and ive never been in trouble with the law! I dont want to end up in court and I am stil waiting the letter ive been told by various RPO's at new street from london midland that its 90% unlikely il go to court?So the wait is the worst part its been 3 weeks nearlyIf i get a fine il be so happy thats all i can say i dnt mind paying thatat all

[iambilly]

Hmmm if you read my post think u get my story and ive never been in trouble with the law! I dont want to end up in court and I am stil waiting the letter ive been told by various RPO's at new street from london midland that its 90% unlikely il go to court?So the wait is the worst part its been 3 weeks nearlyIf i get a fine il be so happy thats all i can say i dnt mind paying thatat all

 

I received a letter saying they might prosecute to which I replied i was sorry ect. 3 months later got another letter saying I am going to court.

 

Surely taking the time to forge a ticket is worse/ just as bad as using the wrong ticket.

[ssd01]

I received a letter saying they might prosecute to which I replied i was sorry ect. 3 months later got another letter saying I am going to court.

 

Surely taking the time to forge a ticket is worse/ just as bad as using the wrong ticket.

 

In all honesty I was stuck to go home or to work i had no option and was a day overdue Ive always paid for my tickets and did admit it to the RPO who cautioned me as well he said dont worry u wont get a fine of a £1000 and its up to prosecution i was in bham new street..