Used my dad's freedom pass 23 journeys - **got given a conditional discharge**

[firstclassx]

So you selected "Plead guilty - attend hearing"?

 

What offence(s) were mentioned? You committed at least 2:

 

5(3a) Regulation of Railways Act 1889 - Travel on a railway with intent to avoid fare due

5(3c) Regulation of Railways Act 1889 - False details provided to railway officer

 

If you admitted to 23 journeys without paying,

then I suspect the court will take a very dim view of that,

even with your "medical" mitigation,

(which I don't really consider that strong, you are trying to blame your 23 occasions of fraud on lack of sleep and headaches).

 

Whilst I don't wish to offend you, I don't think a court will accept that your medical circumstances would cause you to commit theft and fraud.

 

you will get a criminal record, no matter what happens, you can't avoid this.

The court HAS to convict you, you pleaded guilty, and TfL have good evidence against you.

 

Fine around £300-£500, victim surcharge of £30-£50, costs of around £100, plus compensation (the cost of the fares), so total will be about £500-£700.

 

No point getting a solicitor, you've (correctly) pleaded guilty.

 

The court, at their discretion, may decide that you can pay the fine and costs over a period of months, to ease any financial pressure.

 

As for losing your job, I doubt this will happen,

but in case it does, you might want to come back on the forum in the "employment" section,

and seek assistance from forum members more knowledgeable in that.

Edited October 26, 2013 by firstclassx

[firstclassx]

The criminal record WILL show up on all disclosures.

This will need to be declared for 5 years from the date of conviction,

but potentially for the rest of your life if you ever apply to work in certain jobs, (ie. teaching/NHS/police/care home/finance etc).

 

Carefully approaching this matter with your employer, and explaining your "mitigating" circumstances may enable you to keep your job.

Best to be open and frank with them though - same when addressing the court.

 

You are only charged with Section 5(3a) Regulation of Railways Act 1889.

 

Criminal Justice Act 1967 provisions relate to various legal processes,

i.e. how the court and justice system should work.

You have not been summonsed for any offence(s) under this Act.

 

My opinion is that there is no real need for you to attend court,

I don't think you'll achieve anything by going.

 

You have supplied them with lots of documents and evidence you believe provides "mitigating" circumstances

- so unless you have other information they don't currently have,

there's not much point going.

 

You will end up getting distressed, upset and when in such a state, could potentially say things which you don't realise can go against you.

 

A conviction and fine is inevitable, as you've already plead guilty.

 

By turning up, the best case is you get the fine reduced by £50 or so,

which might not be so great by the time you've taken a day off and the cost of travel to the court.

 

I can't see TfL accepting a settlement based on what you've written.

[firstclassx]

a prison sentence in this instance is EXTREMELY rare.

 

'1st' conviction, mitigating circs, bread winner, family, babies etc etc.

 

dx

 

For offences under Section 5- Regulation of Railways Act 1889, an offender must have been convicted on at least two other previous occasions before imprisonment (of up to 3 months) becomes an option.

 

That said, other legislation, such as the Fraud Act 2006 would enable imprisonment (which allows for up to 10 years, imprisonment on indictment, 12 months on a summary offence), can be used in railway proceedings, but only if the case is suitably serious.

 

So whilst the OP has admitted to 23 counts of intentionally avoiding a fare, he will only get convicted "once", for the time he was caught.

 

I must say that whilst still quite rare to have an offender imprisoned, certainly up my way, it is gradually increasing as revenue protection policies continue to identify persistent offenders. Only last week an offender who had 7 previous Section 5 RoRA convictions was sentenced to 10 weeks detention. I suspect as time goes on, so long as TOCs continue to push offenders into court, this trend will continue. I find such statistics are useful in revenue protection posters and warning letters.

[firstclassx]

A £15 victim surcharge is made when someone receives a conditional discharge. What are the conditions of your discharge? Keep your nose clean for 6 months?

 

For a fine, it is 10% of the fine, custody between £80 and £120, suspended sentence £80-£100.

 

To total £450, you've been hit hard with costs, i.e. £435 just in costs, £15 surcharge... that seems high, best to report back here when you get a letter.